Pramod Kumar Tyagi Vs State of U.P.

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Reserved On:- 21.09.2020 Delivered On:- 28.09.2020

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17753 of 2020

Applicant :- Pramod Kumar Tyagi Opposite Party :- State of U.P. Counsel for Applicant :- Daya Shanker Pandey,Vinod Kumar Upadhyay Counsel for Opposite Party :- G.A.,Ved Byas Mishra

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Hon'ble Siddharth,J.

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Heard Sri V. K. Upadhyay, learned counsel for the applicant, Sri Ved Byas Mishra, learned counsel for the informant and learned A.G.A. for the State and perused the record.

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The instant bail application has been filed on behalf of the applicant, Pramod Kumar Tyagi, with a prayer to release him on bail in Case Crime No. 75 of 2019, under Sections 406, 420, 467, 468, 471, 120-B I.P.C., Police StationNew Agra, District- Agra, during pendency of trial.

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The allegations against the applicant in the F.I.R. is that he informed the informant that there is a land situated in village- Kishorepur, Pargana and Tehsil- Jewar, District- Gautam Budh Nagar owned by one Gangasaran who wants to sell the same. The informant expressed his willingness to purchase the land and in November, 2017 paid Rs. 22,77,000/- by means of a bank draft and Rs. 2,00,000/- in cash for meeting the expense of registration to the applicant and his wife Kavita Tyagi. On 07.11.2017, sale deed was duly executed in favour of informant by a person known as Gangasaran and registered before sub-registrar. The applicant was marginal witness of the sale deed. In December, the applicant applied for mutation of his name over the land purchased by him and then he came to know from the co-tenure holders of the land that the sale deed executed in his favour has not been executed by the vendor, Gangasaran, but by a impostor on the basis of his fake aadhar card and pan card. There are also allegations that the applicant, his wife Kavita Tyagi and other people have formed a gang who are involved in such cases of fraud. The demand draft was deposited in H.D.F.C. Bank, Khurja in a newly opened

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account and thereafter, the money was transferred in four different accounts of the persons who are also in collusion with the applicant.

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Sri V. K. Upadhyay, learned counsel for the applicant has submitted that the applicant has been falsely implicated in this case. The applicant has criminal history of 29 cases explained in supplementary affidavit and he is on bail in all the cases except three cases. The applicant is in jail since 10.04.2018.

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Sri Ved Byas Mishra, learned counsel for the informant has vehemently opposed the bail application and has submitted that the applicant along with wife has made various firms and companies. There are 14 joint accounts in their names detailed in paragraph no. 9 of the counter affidavit. The applicant is a habitual offender, fraudster and cheat as is evident from his criminal history. He gets fraudulent sale deeds executed by impersonation on the basis of fabricated I.D. proofs and in all the cases, he shows himself as marginal witness and nonbeneficiary of the transaction of sale and obtains bail on this ground. The applicant has also been implicated in a case under U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986. In the report of Assistant Superintendent of Police, Ghaziabad dated 28.12.2019, it has been mentioned that the applicant is involved in 64 cases.

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Learned counsel for the applicant has rejoined and has submitted that the aforesaid report is not correct.

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Considering the entire facts and circumstances of the case and the criminal history of the applicant, he does not deserves to be enlarged on bail. The bail application of the applicant is rejected.

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However, the trial court is expected to conclude the trial against the applicant within a period of one year from the date the normal functioning of the Court is resumed, keeping in view the disturbances caused in the functioning of the Courts on account of spread of novel coronavirus.

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Order Date :- 28.09.2020 KS

Pramod Kumar Tyagi v. State of U.P.

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Pramod Kumar Tyagi v. State of U.P.

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