Raj Beer Singh ORDER
Raj Beer Singh, J.
1. Supplementary affidavit filed on behalf of the applicant is taken on record.
2. Heard learned counsel for applicant, learned counsel for the informant and learned A.G.A. for the State and perused the material brought on record.
3. The present application has been moved seeking anticipatory bail in Case Crime No. 464 of 2022, under Sections - 419, 420, 467, 468, 471, 406, 506, 120-B I.P.C., Police Station - Cantt, District - Gorakhpur, with the prayer that in the event of arrest, applicant may be released on bail.
4. The informant has lodged first information report against Atul Kumar Tripathi (applicant), Chandra Mohan Tripathi, Ram Pravesh Singh, Maruti Nandan, Murari Sahani and Gokul Sahani, alleging that he was looking for purchasing a residential property and in that connection he came in contact of applicant Atul Kumar Tripathi, who has shown his residential property and price of the same was settled at 1.5 crore rupees. In January, 2021, informant has paid Rs. 5 lakhs as advance money to Atul Kumar Tripathi through a cheque and an agreement was executed between them. During talk regarding sale deed, along with Atul Kumar Tripathi, rest of the co-accused persons were also present and taking the informant into confidence, they took Rs.1,40,56,000/- on various dates from the informant. When the informant insisted for execution of sale deed, the accused persons started making excuses. Later on, the informant came to know that the accused persons were running a gang and they trap innocent persons and take money by playing cheating and fraud. It was alleged that the accused persons have prepared forged documents by keeping the informant in dark and took an amount of Rs.1,40,56,000/- from the informant and they have refused to return the said amount.
5. Learned counsel for the applicant submitted that applicant is innocent and he has been falsely implicated in this case. The residential property in question, having number 0088 situated at Kuda Ghat near AIIMS, Gorakhpur is owned by the applicant. Referring to facts of the matter, it was submitted that dispute between the parties is purely civil in nature and the first information report was registered defying the reports of the Deputy S.P. and Additional S.P., wherein it was observed that dispute is civil in nature. The applicant has entered into an agreement on 23.09.2021 with Ram Pravesh Singh alias Bhola Singh to sell his property in consideration of Rs. 5,00,95,000/- with an advance payment of Rs. 5,000/- in cash. Said Ram Pravesh Singh alias Bhola Singh further deposited Rs. 8 lakhs in the account of applicant through R.T.G.S. from the informant Avinash Rai on 13.10.2021. Simultaneously, Ram Pravesh Singh alias Bhola Singh has handed over three post dated cheques totalling amount of Rs. 71,50,000/- without the name of benefici........