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1. Heard Shri Upendra Upadhayay, counsel for the applicant, Shri Ratnendu Kumar Singh, learned A.G.A. for State and perused the records of the present bail application.

2. Bail application on behalf of applicant and its counter affidavit as well as rejoinder affidavit have been exchanged between the parties and matter is ripe-up for final submissions.

3. Applicant, Mokhtar Ansari is facing prosecution in Case Crime No. 185/2021 U/s 419, 420, 467, 468, 471, 120B I.P.C. Police Station-Sarai Lakhansi, District Mau during pendency of trial. Though the applicant is behind the bars since 25.10.2005 in other cases and in the present case B-Warrant has been served on 16.06.2021.

5. On 24.04.2021 one Ram Singh lodged a present FIR at police station Sarai Lakhansi, District Mau under Sections 419, 420, 467, 468, 471 and 120B IPC against five named accused persons including the applicant who was at relevant point of time was a sitting MLA though in jail.

6. The gravamen of the FIR is, that relying upon the inquiry report by a Circle Officer, Mau that on Anand Yadav son of Baijnath Yadav, his father Baijnath Yadav son of Khuddi Yadav, Sanjay Sagar and the present applicant were named in the FIR. It was surfaced during investigation, that at Arazi No. 1109 having area 0.064 Hect. and Arazi No. 1449 having area 0.196 Hect.at village Sarwan, District Mau, a proposal was floated to construct a brand new school for the young of that area. Baijnath Yadav and his son as per the allegation of the FIR, approached interstate Mafia No. 191 Mokhtar Anasari and his associate Sanjay Sagar son of Chandra Dev Ram to release Rs. 25 lakhs from his "Vidhayak Nidhi". Accordingly, this amount was disbursed for constructing the alleged school namely, ''Guru Jagdish Singh Baijnath Pahalwan Uchhatar Madhyamik Vidyalaya, Sarwan' in three installments during 2012-2015. These named accused persons conspired in sending a forged proposal and get and agricultural plot allotted in the name of wife of Baijnath Yadav, over which the proposed school to be constructed. In the said inquiry report, it was surfaced that, there was no school was found over above Arazis' and Arazi No. 1109 having area of 0.032 Hect. was encircled by boundary wall whereas in the remaining part there was a banana grove over it. Similarly, at Arazi No. 1449 having aread of 0.196 Hect. standing crops of wheat was found and as such the entire sum of public money to the tune of Rs. 25 Lakhs were swindled and digested by the named accused persons.

17. Hazratganj, Lucknow 236/2020 120B, 419, 420, 467, 468, 471 IPC and Section 3 of Prevention from Damage to Public Property Act * Charge sheeted case * CJM court Lucknow for copies

18. Alambagh, Lucknow 147, 336, 353, 506 IPC *Bail out * Evidence *MPMLA court Lucknow

19. Kotwali Barabanki 0369/2021, Crl. Case No. 02/2021 419,420,467, 468, 471, 120B, 177, 506 IPC and 7 CLA * Bail pending in High Court Lucknow.

* Framing of charges * MPMLA Court Barabanki

5. 3(1) Gangster Act Dakshin Tola

6. 419, 420, 467, 468, 471, 120B IPC Sarai Lakhansi (present one)

7. 3(1) of U.P.Gangster Act Dakshin Tola

8. 30 Arms Act and Sections 419, 420, 467, 468, 471, 120 B IPC Dakshin Tola NEW DELHI

1. 364A, 365, 387 IPC Tilak Marg

2. 24/54/59 Arms Act & S. Tada K.G. Marg STATE OF PUNJAB

1. 386/506 IPC Mathaur, Mohali Note:- present accused applicant was confined in Banda Jail as a prisoner, during the period of confinement in jail, the present accused applicant demanded Rs. 10 Crores as Gunda Tax from on Umang Jindal, CEO of Home Land Group. DISTRICT -AZAMGARH