Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30766 of 2019 Applicant :- Rajeev Gangwar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- M.N. Singh,Mahesh Narain Singh Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri M.N. Singh, learned counsel for the applicant, Sri G.P. Singh, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that the applicant is the bonafide purchaser of the property in question which was purchased by him and co-accused persons jointly. He has not purchased the property on which the Post Office was found to be established. The plot number is also different to which the applicant has purchased, he has drawn attention of the Court towards sale-deed dated 22.12.2018 which is annexed as annexure no.7 to the present bail application. The Post Office department had no concern whatsoever with plot no.489 of khata no.51 as the same is duly recorded in the name of the private persons in the revenue records. The Khatauni Non-Z.A would also clearly go on to show that the name of the Post Office is recorded over plot no.564, situated in khata no.52. The applicant is bonafide purchaser of an area of 139.25 sq. meters of plot no.489, which has been jointly purchased by the applicant along with co-accused Somveer Singh and Shiva Gupta from its recorded tenure holders after duly verifying the revenue records. The land in dispute was recorded in the name of private persons and as such the applicant and Somveer Singh and Rajeev Gangwr jointly purchased the same vide sale- deed dated 22.12.2018 which was duly registered with the office of the Sub-Registrar Sadar, Pilibhit on 24.12.2018. He further submits that till date no suit whatsoever has been filed for cancellation of the aforesaid sale-deed dated 22.12.2018, duly registered with the office of the Sub- Registrar, Pilibhit on 24.12.2018. The applicant has no other reported criminal antecedents. He further submits that the anticipatory bail application of co-accused of the present case namely Paras Mani Pandey has been allowed today i.e. 31.07.2019 by this Court in Criminal Misc. Anticipatory Bail Application No.30685 of 2019 which was listed at serial no.21 of the fresh cases, hence applicant is also entitled for the same relief. The applicant has no other reported criminal antecedents.
Learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case and considering the nature of accusation and his antecedents, the applicant is entitled to be released on bail in this case.
In the event of arrest of the applicant Rajiv Gangwar, involved in Case Crime No. 233 of 2019, u/s 147, 419, 420, 467, 468, 471, 379, 447 and 120-B IPC and 3/4 U.P. Prevention to Damage of Public Property Act, 1984 and 4/10 of U.P. Protection of Trees in Rural and Hill Areas Act, 1976, P.S. Kotwali Pilibhit, district Pilibhit, he shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C. before the competent Court on furnishing a personal bond of Rs.25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-
(i) the applicant shall make themselves available for interrogation by a police office as and when required;
(ii) the applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade from disclosing such facts to the Court or to any police office;
(iii) the applicant shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by them before the S.S.P./S.P. concerned.
In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.
The applicant is directed to produce a certified copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
Order Date :- 31.7.2019 Shiraz