- (1.) SHIV Shanker, J. This first bail application has been moved on behalf of applicant Uma Kant Yadav in case crime No. 825 of 2006, under sections 419, 420, 467, 468, 469, 471 and 506 IPC, P. S. Shahganj Kotwali, District Jaunpur.
(2.) HEARD Sri V. P. Srivastava, learned senior Counsel appearing on behalf of applicant assisted by Sri R. N. Yadav learned Counsel for the applicant and learned A. G. A. as well as perused the rec ord. Learned Counsel for the applicant submitted that Smt. Geeta Devi who is the informant as widow of late Raja Ram @ Hansh Chandra Dubey and as such he has executed two sale deeds dated 28. 4. 1998 and 2. 5. 1998 in favour of her transferring the entire landed property and on the basis of the same, the name of Smt. Geeta Devi had been mutated in the revenue record. She has no any male issue except two daughters. Unfortunately, on 15. 11. 1999, the husband of Smt. Geeta Devi Late Raja Ram @ Harish Chandra Dubey died. It is further contended that after death of hus band of informant Late Raja Ram Harish Chandra Dubey, she got married with Harish Chandra Yadav as there was close relation in between them in the life time of her husband. Therefore, the informant got executed a marriage certificate on 10. 1. 2000. After marriage, she was living with the second husband but her second husband created illicit relation with her daughter. Therefore, the informant prohib ited but he could not change his nature. Therefore. Smt. Geeta Devi being the owner and bhumidhar of the entire landed property left by Raja Ram @ Harish Chandra Dubey taking a considerable amount of Rs. 14 lakhs executed a sale deed on 21. 11. 2006 in favour of applicant before the Sub-Registrar, Tehsil Shahganj, District Jaunpur. It is further contended that Harish Chandra Yadav got married to Suman Yadav due to bitter relation in be tween the informant and Harish Chandra Yadav. It is further contended that Harish Chandra Yadav came to know about the execution of sale deed by Smt. Geet Devi in favour of applicant, illegally in the name of Smt. Geeta Devi filed a Original Civil Suit No. 1261 of 2006 on 7. 12. 2006 by Suman Yadav alleging to her Geeta Devi wife of Harish Chandra. The concerned Court had granted an interim order in favour of plaintiff. But the suit for cancellation of sale deed has not been filed on behalf of infor mant. It is further contended that after marriage with Harish Chandra Yadav, the informant started to live as husband and wire and her name was got entered in the family register but subsequently Harish Chandra Yadav got married to Suman Yadav. Her name was also entered into family register of Harish Chandra Yadav. Name of Smt. Geeta Devi as a wife and husband with Harish Chandra Yadav has been recorded in the Voter List of the concerned village. It is further contended that a sale deed was got executed on 17. 5. 2005, in which Smt. Geet Devi (Present Vendor) has been made a guardian of one lav minor and his photographs have been pasted at the sale deed. It is further contended that the FIR has been lodged against the appli cant with intent to harass and malign his image in the society as he is a Member of Parliament. Thereafter, the arrest of appli cant was stayed till filing of charge-sheet in Criminal Misc. Writ Petition No. 203 of 2007 by Division Bench of this Court. Now the charge-sheet has been filed against the applicant with the collusion to the com plainant and other political persons with out going to be investigated the case at its root. Cognizance has also been taken. Written statement in the civil suit has also been filed by the applicant as defendant. It is further contended that no expert's report has been filed regarding thumb impression and signature of the informant/vendor and without doing the same, charge-sheet has been filed. The applicant is in jail since 3rd May, 2007 and the trial has also not been concluded so far.
(3.) LEARNED A. G. A. has opposed the prayer for bail by filing counter affidavit. According to the FIR and counter affidavit, marriage in between the infor mant Smt. Geeta Devi and Harish Chandra Yadav was solemnized about 20 years ago. One Raja Ram Dubey had executed sale deed on 19. 3. 1999 in favour of Smt. Geeta Devi regarding his landed property. Same has been mutated in her name as Smt. Geeta Devi w/o Harish Chandra Yadav. In this regard, it was essential that photostat copy of safe deed executed by above Raja Ram in favour of informant should have been filed, in which it could be seen the name of her husband but the same has not been produced. It also goes against the applicant. Therefore, this contention has no force that the informant was firstly wife of Late Raja Ram who executed sale deed in her favour and thereafter she was married with one Harish Chandra Yadav after his death.;