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Judgment
Petitioners have filed this bail application under Section 439 of Cr.P.C.
F.I.R. No. 343/2015 was registered at Police Station Mundawar, District Alwar for offence under Sections 166, 167, 420 and 120B of I.P.C.
It is contended by counsel for the petitioners that petitioners are working as Sarpanch and Secretary of Gram Panchayat who issued Patta to six
persons.
It is contended that the disputed land belongs to Fazi, Wife of Yakub, who during partition shifted to Pakistan. After survey, property left by Fazi
Wife of Yakub was declared as custodial property and the same vested in the State Government and the Gram Panchayat in the year, 2009.
It is further contended that complainant in this case is claiming title on the land on the ground that complainant's father vendor purchased the land
from Fazi Wife of Yakub in the year, 1941.
It is also contended that none registered document has been produced by the complainant to establish his title on the land. Petitioners have allotted
this land after obtaining the report no objections and after deposit of money in the treasury.
It is also contended that Co Zila Parishad, Alwar, has submitted his report wherein he has mentioned that complainant wants to grab the land and on
that account, he had manipulated documents.
Learned Public Prosecutor and counsel for the complainant have opposed the bail application. Their contention is that petitioners have taken money
from the allottees and have deposited less amount in the treasury and the ACB cases have also been filed against the petitioners.
It is also contended that petitioners have contravened of the rules of allotment.
I have considered the contentions.
Considering the contentions put forth by counsel for the petitioners, I deem it proper to allow the bail application.
This bail application is accordingly allowed and it is directed that accused petitioners shall be released on bail provided they furnish a personal bond
in the sum of Rs.50,000/- (Rupees Fifty Thousand only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only)
each to the satisfaction of the learned trial court with the stipulation that they shall appear before that Court and any court to which the matter is
transferred, on all subsequent dates of hearing and as and when called upon to do so.