Heard learned counsel for the applicant and learned A.G.A. and perused the material placed on record.
Applicant-Rajesh Kumar Alias Rajveer Alias Raju seeks bail in Case Crime No. 360 of 2009 under Sections 419, 420, 467, 468, 471, 474 and 120-B I.P.C., Police Station Aitmadpur, District Agra.
Submissions have been made on behalf of the applicant that the applicant is not named in the F.I.R. The name of the applicant has come into light during the course of investigation. He has further contended that the applicant is one of the witnesses of the alleged sale deed and his case is distinguishable from the case of the other co-accused persons. He has further pointed out that under the similar circumstances co-accused Bhuri has been granted bail by another Bench of this Court on 21.1.2010 vide Criminal Misc. Bail Application No.35283 of 200, thus the applicant also deserves 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 dully 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-Rajesh Kumar Alias Rajveer Alias Raju involved in aforesaid crime be released on bail on each of them 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 :- 3.2.2010 MN/-