JUDGMENT :

1. The instant bail application is listed before this Bench by the order of Hon’ble the Chief Justice dated 6.4.2023.

2. Heard Sri G. S. Chaturvedi, learned Senior Counsel assisted by Sri Saurabh Raj Srivastava, learned counsel for the applicant; Sri Ratnendu Kr. Singh, learned AGA for the State-respondent and Sri Abhishek Kr. Yadav, learned counsel for the informant.

Brief facts:-

3. FIR of the case was lodged on 1.9.2021. According to the FIR, applicant and his son forcibly took possession over the land of the informant including his Firms and in this regard, informant lodged an FIR against the applicant, his wife and his son at P.S. Gopiganj, District Bhadhoi at case crime No. 273 of 2020 and after registration of the above noted case applicant and his family members are continuously threatening the informant and pressuring him to withdraw the case and in this regard, son of the informant lodged an FIR at P.S. Gopiganj.

4. It is further mentioned in the FIR that applicant forcibly on the basis of illegal weapons has taken away the 19 vehicles of the informant and with the help of those vehicles, he is doing his illegal activities. It is further mentioned in the FIR that applicant also has taken possession of 20 bigha land of the informant and also prepared forged document of the same and got executed a fake sale deed in favour of his family members. As per FIR, applicant is detained in Agra jail and he is having criminal history of more than 84 cases and he is also one of the main accused in the case of causing serious injuries to Nand Kumar Gupta @ Nandi.

Submission advanced on behalf of the applicant:-

5. Learned counsel for the applicant submitted that entire allegations made against the applicant are totally false and baseless and applicant is a respectable person of the society and he was four consecutive times M.P. from Giyanpur, Bhadoi and entire story set up by the informant is politically motivated and admittedly at the time of lodgement of the FIR of the present case applicant was in jail in connection with another case.

6. He further submitted that applicant was not made accused in the present matter and he was made accused during investigation with the aid of section 120 B IPC. He next submitted that applicant and informant are family members and dozens of civil and criminal cases are pending between them. He further urged that applicant was arrested on 14.8.2020 pursuant to the FIR bearing case crime No. 273 of 2020 lodged by the informant and thereafter informant and his sons alongwith their associates with the help of local police lodged 15 frivolous FIRs against applicant and his family members.

7. He further submitted that actually vehicles which were disclosed in the FIR belong to the partnership Firm, M/s Krishna Mohan Tiwari and with regard to the partnership Firm, a dispute is pending between informant and family of the applicant. He further submitted that in the above partnership Firm, wife of the applicant is also one of the partner alongwith the informant and one Ashok Kumar and dispute with regard to the partnership Firm has travelled up to this Court and against the order passed by District Judge, wife of the applicant and informant both filed an appeal under section 37 of Arbitration and Conciliation Act and on 22.3.2021 this Court directed the informant to prepare separate account with regard to sale and purchase of the property of the partnership Firm. He further submitted that on 5.8.2021, this Court clubbed both the aforesaid appeal filed by the wife of applicant and informant.

8. He further submits that in the Arbitration Petition in Schedule-III, 46 heavy vehicles are mentioned as vehicles of the Firm and these include the vehicles mentioned in the FIR and therefore, this fact clearly suggest that the allegation with regard to the forceful possession of the vehicles mentioned in the FIR are totally false and in fact these vehicles are the property of the partnership Firm and dispute, with r