K. N. Sinha, J. - (1.) The present bail application has been moved on behalf of applicant Sanjai in case crime No. 70/2005 under Sections 420, 466, 467, 468, 471, 472, 120-B, 218 and 477-A/34, IPC and under Sections 13 (2) and 13 (1) (d) of Prevention of Corruption Act, police station Sector-39 Noida.
(2.) THE brief facts of the case are that FIR was lodged on 6-3- 2005 under the above sections of Indian Penal Code and Prevention of Corruption Act, which was registered as case Crime No. 70 of 2005 police Station Sector-39 Noida. THE FIR was lodged against nine persons and applicant was not named as an accused. Later on, the name of applicant came into light. THE case was investigated against him and charge-sheet was submitted against him. The allegations in the FIR are that by committing fraud and forgery in revenue record of village Shahpur, non-cultivated land was shown to be allotted in favour of Rakesh Chandra and Shyam Lal for the years 1382-1384 F and the same entry was extended for 1398-1403 F. These persons obtained certified copy of the revenue entry and filed in Case No. 11 and 12 of 2003 under Sections 33/39 of the Land Revenue Act for correction in the revenue record. On the basis of those applications, when enquiry was ordered by the Sub Divisional Magistrate, the applicant submitted a report certifying the entry recorded in the name of two persons. The case under Sections 33/39 of Land Revenue Act, filed by Rakesh Chandra and Shyam Lal, a report was called for, wherein the applicant reported that on the basis of khatauni of 1398-1403 F name of Rakesh Chandra and Shyam Lal had been entered. However, in khatauni 1404-1405 F barren land is entered. On this report, the Tahsildar acted and recommended the same. This was the allegation against the applicant. When the notices were served on Shyam Lal and Rakesh Chandra, it was reported that they did not live in village and on the basis of said report the S. D. M. ordered that name of Shyam Lal and Rakesh Chandra be deleted and also recommended departmental action against Tahsildar C. B. Gupta. FIR in this respect was lodged on 6-3-2005 against nine persons, without naming the applicant in the said case and name of the applicant came into light on the basis of confessional statement of co-accused. There is no direct or documentary evidence against the applicant. The applicant only submitted the report that name of Shyam Lal and Rakesh Chandra are found in the khatauni and also the latest position regarding the land that it was recorded as barren land. In paras 16 and 17 of the affidavit, it has been deposed that the District and Sessions Judge granted bail to one Rajpal, who was working in copying section of tahsil Dadri at the relevant point of time when certified copy was issued by Annexure 5. Bail was also granted to Krishna Kumar Gupta who was working as Registrar Kanoongo of record room of tahsil Dadri, who was in fact directly involved in giving the report (Annexure-2 ). The bail application of the applicant was refused on insufficient ground. The learned A. G. A. has filed two counter-affidavits, one on 31-8-2006, with the affidavit of J. P. Gupta Tahsildar Sadar G. B. Nagar and another on 14-7-2006 with the affidavit of Triveni Singh, Circle Officer, Jewar district G. B. Nagar.
(3.) THE counter-affidavit filed with the affidavit of J. P. Gupta shows that in the present case, land of two plots, namely, plot No. 194 and 11 of village Shahpur Goverdhanpur Banger pargana Dadri, tahsil Sikandarabad district Bulandshahr, now tahsil Sadar G. B. Nagar is involved. At the time of preparation of consolidation form 41, relating to the year 1367 F, plot No. 194 was marked as grazing land and site for fertilizer and khalihan. No patta could be granted in respect of the said land in view of prohibition contained in Section 132 of U. P. Z. A. and L. R. Act. The khasra extract is annexure CA-1 with this affidavit. So far as plot No. 11 is concerned, it was previously recorded as gaon sabha land (barren land) even prior to consolidation and during consolidation proceeding as well. In the current khatauni too, nature of both the lands is same vide Annexure CA-2. It appears from the record that accused involved in the present case with the connivance and conspiracy, got the name incorporated in respect of plot No. 11 relating to 1382-84 F and 1391-1394 F. Khatauni 1382-84 F and 1391-94 F have been marked as Annexure CA- 3. The lekhpal submitted report that name of Shyam Lal and Rakesh Chandra have been placed on the record and the said report was given on the basis of copy of khatauni. The said report is Annexure CA-4 with the said counter-affidavit. The entries have been incorporated surreptitiously in the revenue record. The counter-affidavit filed by Triveni Singh Circle Officer states that the applicant submitted the report in favour of Rakesh Chandra and Shyam Lal, without verifying the correctness of the fact. It was later on discovered that the name of Rakesh Chandra and Shyam Lal was fraudulently recorded in the revenue record of 1382-84 F and 1391-94 F. In fact two applications were moved by Rakesh Chandra and Shyam Lal before the S. D. M. for mutating their names under Sections 33/39 of Land Revenue Act whereupon a report was called for from Tahsildar, who sent the application to accused applicant, to submit the report on the basis of copy of khatauni without verifying the correctness. No evidence was found during enquiry in respect of allotment of these lands. The applicant was posted as Lekhpal of the said village and in connivance with Rajpal Singh (Copyist), Krishna Kumar Gupta (Registrar Kanoongo Tahsil Dadri), Rajendra Singh Revenue Record keeper of revenue record room, Chanda Babu Gupta Tahsildar Sadar G. B. Nagar, the entries were manipulated for the above year. The applicant, who was lekhpal, was also the member of land management committee and he was custodian of entire Government lands situated in his circle and knew about khataunies and forged entries. The accused applicant could have verified the record before submitting the report but he submitted the report on the basis of certified copy of khatauni, which is a bogus and forged report. It is admitted in the counter- affidavit that Rajpal and Krishna Kumar Gupta have been granted bail by the Sessions Judge on different grounds.;