RAVINDRA SINGH, J. This application has been filed by the applicant Sheikh Abrar Ahmad with a prayer that he may be released on bail in case crime No. 113 of 2007 under sections 147, 148, 323, 504, 506, 406, 420 and 34 I. P. C. and section 7 of the Criminal Law Amendment Act and section 2/3 of U. P. Gangster and Anti Social Activities (Prevention) Act P. S. Kareli district Allahabad. 2. That the facts of the case in brief are that the F. I. R. of this case has been lodged by Mohd. Arif against the applicant and other co-accused persons on 16. 6. 2007 at 8. 10 p. m. under sections 147, 148, 323, 504, 506, 406, 420 and 34 I. P. C. and section 7 of the Criminal Law Amendment "act and section 2/3 of U. P. Gangster and Anti Social Activities (Prevention) Act has already been added by the I. O. 3. The allegation against the applicant is that the applicant and other co-accused persons have formed a Society, they were doing plotting by the name Alina City and were taking plots for the purpose of sale and they were taking advance money. It is alleged that the first informant also made contact with the Society in its office. He was informed that the land in the name of the Society, its lay out has been passed and all the documents were perfect. He took a plot having the area of 200 Sq. Yard at Rs. 100/- per Sq. Yard, its total cost was Rs. 2 lacs, the first informant was assured that after deposit of the total amount of Rs. 2 lacs, its sale deed shall be executed in favour of the first informant. The first informant was not having the total amount of Rs. 2 lacs, it was settled that the amount shall be paid in three instalments, he deposited the total amount of Rs. 75,000/- within six months prior lodging the F. I. R. No receipt of payment was given, after sometimes the first informant knew that the land was belonging to the Scheduled Caste and no permission of sale was obtained from the District Magistrate, but after intimidation the land was acquired by the applicant and other co-accused persons. 75,000/- within six months prior lodging the F. I. R. No receipt of payment was given, after sometimes the first informant knew that the land was belonging to the Scheduled Caste and no permission of sale was obtained from the District Magistrate, but after intimidation the land was acquired by the applicant and other co-accused persons. Its lay out was not passed by the Allahabad Development Authority, Allahabad thereafter the first informant changed his idea of purchasing the land, he demanded the money but the same was not returned to him. He was abused and was extended threat. The applicant applied for bail before the learned Special Judge Gangster Act, Allahabad who rejected the same on 19. 7,2007. Being aggrieved from the order dated 19. 7. 2007, the applicant moved the present bail application. 4. Heard Sri V. P. Srivastava, Senior Advocate assisted by Sri Lav Srivastava, learned Counsel for the applicant and Sri Mewa Lal Shukla, learned A. G. A. for the State of U. P. 5. It is contended by the learned Counsel for the applicant that the F. I. R. of this case is too much delayed, even the dates of the payment of instalments have not been mentioned in the F. I. R, The allegation made in the F. I. R. are false and frivolous, the facts are otherwise. There is one Saket Sahkari Awas Samiti, registered under the Co-operative Societies Act. The land having the area of 20-25 bigha belonging to B. L. Bhartiya, a person belonging to scheduled caste, was purchased, which was an agriculture land, it was purchased after the permission obtained from the Chief Revenue Officer, Allahabad, it was duly proved by the S. D. M. concerned that sale deed was executed in favour of Saket Sahkari Awas Samiti on 25. 1. 2007, 29. 1. 2007 and 1. 2. 2007 on the basis of the above mentioned sale deed, mutation proceedings were completed and the land was entered in the revenue record in the name of Saket Sahkari Awas Samiti, therefore, the allegation that no permission for purchase of the land was obtained, is illegal. The co-accused Mohd. Muslim challenged the F. I. R. by way of filing a Criminal Misc. Writ Petition No. 7933 of 2007 in which the order dated 16. 6. 2007 was passed of his arrest, was stayed. Mohd. The co-accused Mohd. Muslim challenged the F. I. R. by way of filing a Criminal Misc. Writ Petition No. 7933 of 2007 in which the order dated 16. 6. 2007 was passed of his arrest, was stayed. Mohd. Arif never approached the Society for purchase of the land. The F. I. R. has been lodged due to ulterior motive only because the co-accused Mohd. Imran is the real Sadhu of Sri Atiq Ahmad. M. P, whose relation is strained with the present Government, after the change of the Government such F. I. R. have been registered. The society has purchased the land of which one office was constructed for dealing with the land, roads have been constructed, poles were fitted, drainage systems was also completed, the out lay was to be submitted to the Allahabad Development Authority, Allahabad. There are many ditches in the plots, which were to be filled. No other case has been shown and only on the basis of the allegation of the present case, section 2/3 of the Gangster Act have been added by the I. O. but fair investigation has not been done, The investigation is going on the dictates of the higher officer of the State of U. P. The applicant is innocent. He has not committed any offence. He may be released on bail. It is further contended that the applicant is ready to deposit Rs. 75,000/- the same may be adjusted subject to the decision of this case. 6. In reply of the above contention, it is submitted by the learned A. G. A. that the applicant and other co-accused persons are involved in cheating. They are obtaining money on the pretext of sale the plots for which they were not having any title no lay out has been passed by the Allahabad Development Authority, Allahabad. They acquired the land from many poor persons forcefully. The applicant is claiming himself to be the Secretary of Alina City, which is not m existence. During investigation the statements of some persons have been recorded who stated that the applicant and other co-accused persons have acquired the land forcefully without paying it costs. There is specific allegation that the first informant has deposited Rs, 70,000/- in three instalments for the land having the area of 200 sq. During investigation the statements of some persons have been recorded who stated that the applicant and other co-accused persons have acquired the land forcefully without paying it costs. There is specific allegation that the first informant has deposited Rs, 70,000/- in three instalments for the land having the area of 200 sq. yard, but when he came to know that the land he purchased, does not belong to society, then he demanded the money, the same has not been returned and threat has been extended to him. The applicant and other co-accused persons are involved in committing the offence of cheating by way of playing fraud and for imposing Gangster Act only on the basis of one case the person can be prosecuted for the offence pending under Gangster Act. In case the applicant is released on bail, he may tamper with evidence. 7. Considering the offer given by the Counsel for the applicant that the applicant is ready to deposit Rs. 75,000/- subject to the decision of this case. This case, is having a dispute in respect of the sale of the plot for which advance money of Rs. 75,000/- has been paid by the first informant to the Society and now he has changed his idea to purchase the plot. He made a demand to return the money, but the same was not returned and he was extended threat but the interest of the first informant may be protected if his money is paid to him. Considering the facts and circumstances of the case, submissions made by the learned Counsel for the applicant and the learned A. G. A. and without expressing any opinion on the merits of the case, the applicant is entitled for bail in case he deposited a draft of Rs. 75,000/- payable to Mohd. Arif. 8. Let the applicant to Sheikh Abrar Ahmad involved in case crime No. 113 of 2007 under sections 147, 148, 323, 504, 506, 406, 420 and 34 I. P. C. and section 7 of the Criminal Law Amendment Act and section 2/3 of U. P. Gangster and Anti Social Activities (Prevention) Act P. S. Kareli district Allahabad be released on bail on his furnishing a personal bond and heavy sureties to the satisfaction of the Court concerned with the condition that: (1) the applicant deposit a draft of Rs. 75,000/- payable to Mohd. 75,000/- payable to Mohd. Arif in the Court of learned magistrate concerned, the same shall be handed over to Mohd. Arif, first informant of this case subject to the decision of this case; (2) that the applicant shall not temper with evidence ; (3) shall report to the learned CJ. M. concerned in the first week of each month to show his good conduct and behaviours till the conclusion of the trial. In default any of the above condition, the bail granted to the applicant shall be deemed cancelled. Bail Cancelled. .