Heard learned counsel for the applicant and learned A.G.A. and perused the material placed on record.
Applicant-Angad Mishra alias Dadhiwal Mishra seeks bail in Case Crime No. 249 of 2008 under Sections 420, 467, 468 and 471 I.P.C., Police Station Bhatni, District Deoria.
Submissions have been made on behalf of the applicant that the present F.I.R. has been lodged by the informant in counter blast to the F.I.R. lodged by the applicant in the year 2007 against him. He has further submitted that the offence is triable by the Magistrate and the applicant is in jail since 10.10.2009 and the trial has not commenced which is likely to consume sometime to conclude and, moreover, there is no criminal history to his credit, thus he is entitled to be released on bail.
The bail is, however, opposed by the learned A.G.A. The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie, satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered.
Considering totality of circumstances of the case, I consider it a fit case to enlarge the applicant on bail.
Without expressing any opinion on the merits of the case, let the applicant-Angad Mishra alias Dadhiwal Mishrainvolved in aforesaid crime be released on bail on his furnishing a personal bond of Rs. 25,000/- and two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 21.1.2010 MN/-