SANTOSH KUMAR MEHROTRA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Brijesh Tiwari, learned counsel for the applicant, Sri Sushil Kumar Rao and Sri O.P. Singh, learned counsel for opposite party nos. 2 and 3, Learned Additional Government Advocate and perused the record.

(2.) The present bail cancellation application has been moved by the applicant Santosh Kumar Mehrotra against Lal Singh Tomar and Atul Kumar Singh (Opposite Party Nos.2 &3), with the prayer to cancel bail dated 10.02.2016 passed by Additional Sessions Judge, Court No.3, Kanpur Nagar in Bail Application No. 74 of 2016 (Atul Kumar Singh Vs. State of U.P.) and Bail Application No. 75 of 2016 (Lal Singh Tomar Vs. State of U.P.) jointly in Case Crime No. 325 of 2008, under Sections 420 , 467 , 468 , 471 and 448 IPC, P.S. Naubasta, District Kanpur Nagar by which opposite party nos.2 &3 were enlarged on bail.

(3.) Learned counsel for the applicant submitted that opposite party no. 2 Lal Singh Tomar is an Ex M.L.C auction purchaser and Ex-Secretary of Anand Nagar Co-operative Housing Society Ltd. Kanpur Nagar. He had no concern with Plot Nos.280 and 282, opposite party no.3 Atul Kumar Singh is the Manager of Roop Rani Sukhnandan Singh Post Graduate College, Naubasta, Kanpur Nagar which is situated on Plot Nos. 280 and 282. Opposite party nos.2 and 3 had purchased the land by way of registered sale-deed showing it as agricultural land and paid less stamp duty in respect thereof. A number of cases are pending between opposite party nos.2 &3 and Smt. Kanta Mehra in Civil Court and High Court. Plot Nos. 280 and 282 were auctioned by the Government and opposite party no.2 was the highest bidder who purchased the said plot, and on 28.12.1991 Collector Kanpur Nagar executed the registered sale-deed. Civil Court granted injunction order in favour of opposite party nos. 2 &3 vide order dated 15.01.2005. On Plot Nos. 280 and 282 there was factory of Prithivi Raj Batra which was wrongly attached and auctioned in favour of the society of opposite party nos.2 &3 and by which in place of 2200 square yard, 3130 square yard land was delivered to the Co-operative Society of opposite party nos.2 &3. Hence 930 square yard land was obtained by opposite party nos. 2 and 3 by cheating, and got mutated on the basis of forged sale-deed. The F.I.R. was lodged against opposite party nos.2&3 and after investigation charge-sheet was submitted by the Investigating Officer and bail was granted wrongly without giving opportunity of hearing to A.D.G.C. and complainant.