Applicant- Vibhuti Prajapati seeks bail in Case Crime No. 1772 of 2009 under Sections 419,420,467,468,471,506 IPC, Police Station Kotwali, District Mau.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
It is argued by the learned counsel for the applicant that the applicant was the owner of Plot No.775/4 and he executed sale-deed on 20.2.2009 whereby he has sold his own land being Plot No.775/4 measuring 1/3rd portion of .074 hectare to Shahnaz Bano. He further submits that the applicant has got no concern with the Plot No.775/02 and he has not sold the same. He further submits that the civil suit is also pending between the parties. He next argued that the applicant who is an old man (a/a 90 years) and is in jail since 25.3.2010 having no criminal history to his credit deserves to be released on bail at this stage.
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 the 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- Vibhuti Prajapati involved in aforesaid crime 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 :- 10.5.2010 Mt/