Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23579 of 2019 Applicant :- Jeetendra Singh @ Jeetu Opposite Party :- State Of U.P.
Counsel for Applicant :- Chandra Badan Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by accused applicant Jeetendra Singh @ Jeetu in Case Crime No.512 of 2018, under Sections 420, 467, 468, 471 IPC, P.S. Tundala, District Firozabad.
Learned counsel for the applicant argued that accused applicant is innocent and he has been falsely implicated in this very case crime number which was with accusation of defaming the reputation of Bank by alleged conduct of accused applicant and the same offence as per Section 461 of I.P.C. is punishable with maximum punishment of three years; the next offence of cheating by personation given under Section 416 I.P.C. is not made out because no cheating by a person punishable under Section 420 IPC is there; Section 469 IPC, forgery for purpose of harming reputation is also not made out whereas accused applicant has previously lodged FIR as well as a case in Consumer Forum against bank concerned; this subsequent FIR is in response to the same; the applicant is in jail since 05.05.2019.
Learned A.G.A. mentions that he is with no instructions and this Court after going through an accusation and bail application, has fixed date for having instructions and reply from prosecution side but learned counsel for the applicant pressed for hearing of bail application today itself because there is no substance in accusation. Then Court under instructions that bail is to be heard on merit.
Heard learned counsel for the applicant on the merit of the case and perused the material placed by applicant in his bail application and affidavit filed in support of the same.
Perusal of the first information report reveals that it was got lodged on 19.09.2018 upon report of Pushpal Corporation Bank against applicant Jeetendra Singh @ Jeetu with this contention that there had been a loan and mortgaged of agricultural land of Khasra Nos.84 and 152 situated at village Dinauli from the year 2015 against land advanced in Kamdhenu Dairy Plan under Kishan Credit Card Scheme to late Rameshwar and this could not be paid back, hence, account was converted in N.P.A. In between loanee died, leaving behind his sons Jeetendra Singh @ Jeetu, Satyendra Singh and his wife Hemwati against whom a recovery certificate was issued. Jeetendra Singh @ Jeetu preferred a petition before this Court in which he was given relief but he did not comply with direction of this Court. Subsequently, the recovery proceedings under Public Money Recovery Process proceeded and a notice was published for auction of above agricultural land. Then after a deposit of Rs.5600/- in the bank concerned was made by Jeetendra Singh @ Jeetu whereas a receipt was manipulated by fraud by adding zeros and making the receipt to be of Rs.56 lakh and the same was presented before the Tehsildar for getting the mortgage deed released as well as auction proceeding terminated. The same representation was made along with copy of above forged and fictitious receipt before the District Magistrate, Firozabad and Branch Manager, Corporation Bank, Branch Usayani. A false case was got published in Dainik Jagran too about forged and fictitious deposit and this was got investigated in which this fraud was detected. Meaning thereby, present accused applicant in utter defiance direction of this Court and hampering the judicial proceeding of Revenue Court in realization of public money being recovered as land revenue, presented a forged and fictitious receipt which was handed over by him by way of deceit. Not only this, the judicial proceedings of above Revenue Court was maligned by making the representation before the District Collector as well as a Branch Manager of concerned Branch coupled with above fraud and deceit, another attempt of maligning reputation of Bank was there, hence, the essential ingredients of Sections in which accusation is there, are fully fulfilled. Under all above facts and circumstances of the case, it is not a fit case for bail.
Accordingly, the bail application of applicant Jitendra Singh @ Jeetu is rejected.
Order Date :- 6.6.2019 Meenu