Heard learned counsel for the applicant, learned A.G.A. and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated. He further submits that the present prosecution has been launched against the applicant to victimise, harass and pressurise the applicant. It is further submitted that concocted and unbelievable story on frivolous grounds has been set up malafidely against the applicant with ulterior motive. He further submits that the prosecutrix has taken a loan of a sum of Rs. 3,000/- from the applicant and when the applicant started demanding the said money back, the situation turned ugly and the applicant as well as the prosecutrix were challaned on 7.5.09 under Sections 151, 107 & 116 CrPC by the police of police station Hairiya District Basit. He further submits that on the very next day, as a counter blast , an application under Section 156 (3) CrPC was lodged against the applicant. He further submits that this application under Section 156 (3) CrPC has been filed after a lapse of two months. He further submits that the applicant has got no criminal history and is in jail since 6.11.09.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant Awadhesh Dhar Dubey involved in Case Crime No. 5020 of 2009 under Sections 419, 420, 376, 506 I.P.C.& Section 3 (2)(V) SC/ST Act, P.S. Hairiya, District Basti be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 8.1.2010 vinay