Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38251 of 2019 Applicant :- Rajendra Kumar Dwivedi Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kaushalesh Prasad Tiwari,J.B. Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned counsel for informant, learned A.G.A. appearing for State and perused the record.
This application under Section 438 Cr.P.C. has been filed by Rajendra Kumar Dwivedi for grant of anticipatory bail during the course of investigation in Case Crime No. 178 of 2019, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Haliya, District Mirzapur.
Learned counsel for applicant argued that accused applicant is of no concern with alleged fraud because he was not posted at above station during the period of which those complaints are under prove. He was transferred therefrom previously. He is of no criminal antecedent. Therefore, the applicant may be enlarged on anticipatory bail.
Learned counsel for informant as well as learned A.G.A. vehemently opposed bail with contention that this case was got lodged against three Lekhpals of village concerned upon report of Om Prakash Tiwari for those offences, in which the revenue records of Gram Panchayat, Umaria as well as Gajaria and Murpeli, were verified because of complaints made thereat, regarding manipulation and forgery in entering tenure holders in revenue record and it was found so. Hence, three Lekhpal of those villages were named in first information report. It is white collar offence of heinous nature, in which by commission of fraud, land grabbing has been made. Hence bail be rejected.
Having heard learned counsel for both side and gone through rival contention, it is apparent that applicant is Lekhpal and the alleged manipulation is from Fasli Year 1407 to 1412, in which he was said to be posted at above revenue village as Lekhpal. It is a heinous offence of white collar nature, in which poor innocent villagers were deprived of their land by making a false, forged and fictitious entry in revenue records by the Record Keepers and Lekhpals, who are the revenue officials at village level, responsible for making entry in Khasra and Khatauni.
Looking to nature and gravity of accusation, no ground for anticipatory bail is there.
The anticipatory bail is rejected accordingly.
Order Date :- 26.9.2019 NS