GANESH BABO GUPTA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This application for bail on behalf of Ganesh Babu Gupta, applicant traces its origin from Case Crime No. 100 of 1989 in which the applicant was indicted of Ss.420/467/468/471/482, 120-B, I.P.C. Gwaltoli Kanpur Nagar.

(2.) Before coming to brass' tacks, I would like to delineate certain preliminaries of the case which bears upon the merit of the facts of the instant case. Applicant Ganesh Babu Gupta, being the Managing Director of M/s. G.B. Laboratories Limited, having its registered officer at 7/203-A, Sarup Nagar, Kanpur and being engaged in manufacturing of drugs and pharmaceuticles including life saving drugs, applied for loan and he was disbursed a sum of Rs. 14.90 lacs by the U.P. Financial Corporation, Kanpur as against Plot No. 334/1 of which a mortgage deed was executed to the U.P. Financial Corporation against the loan of the aforesaid amount, was situated in village Jamhu, Pergana and Tahsil Oraiyya District Etawah. The deed of mortgagee was executed on 2-6-1977 in favour of U.P. Financial Corporation by the applicant in the capacity of owner of the aforesaid plot.

(3.) Later on, the U.P. Financial Corporation challenged the aforesaid document (mortgage deed) as being fictitious and forged alleging that no title of the plot, passed on to the applicant. The facts as set out by the prosecution are that the application Ganesh Babu Gupta liaisoned with the Village Pradhan, namely, Vijai Bahadur Singh and one Vidya Ram of the village, where the plot situated, to realise his object of cheating the aforesaid corporation. Initially the said plot had been allotted to one Manna Lal, Harijan resident of the aforesaid village Jamhu being landless under the orders of Sub-Divisional Officer out of the Gaon Sabha land. Manna Lal, however, died intestate and consequently the plot came to vest in the State of U.P. It was at this stage that Vidya Ram got his name mutated in the revenue records over the said plot employing dubious means vis-a-vis the fact that he was not an heir of the aforesaid Mannal Lal, as taking into account the provisions contemplated under Section 190 of U.P.Z.A. and L.R. Act the right, title or interest of the deceased, got extinguished in the said plot after his death. It is further alleged that in view of the aforesaid provisions, Vidya Ram could not become Sirdar of the land and also, he could not acquire Bhumidhari rights even after deposit of 20 time's rent. It is further alleged that Vidya Ram executed sale deed in favour of Vijai Bahadur regarding the said plot who in view of the aforesaid facts and circumstances could not acquire any right on account of transfer of the aforesaid plot in his favour by Vidya Ram and hence the transfer of the said plot in favour of Vijai Bahadur was also void ab initio.