This is an application for bail on behalf of accused applicant,Anil Kumar Vaishya alias Anil Kumar Srivastava, who is detained in case crime no. 6 of 2010 under Sections 406,420 and 411 I.P.C., Police Station Aliganj,district Lucknow.
Heard the learned counsel for the applicant and the learned A.G.A for the State.
It is argued on behalf of the applicant regarding the genuineness of the prosecution case that the applicant has been falsely involved in the case . That the applicant has no criminal history; that there is no mention of the post for which an amount of Rs.44000/- was paid to the applicant by the informant and that offences are triable by the Magistrate and there is no reliable evidence against the applicant and as such the applicant deserves bail.
The bail is opposed by the learned A.G.A.
I have considered the respective submissions made by the parties. The nature of accusation, severity of punishment in case of conviction, the nature of supporting evidence, possibility of threat to the witnesses by the applicant, genuineness of the prosecution case and broad spectrum of the proposed evidence have also been duly considered. Roving inquiry into the pros and cons of the material is not necessary. In view of the facts and circumstances of the case and nature of the offence, I am of the opinion that it is a fit case for granting bail.
Let the applicant be released on bail on his furnishing a personal bond with two reliable sureties each to the satisfaction of the Chief Judicial Magistrate concerned.
Order Date :- 23.6.2010 Tripathi