Supplementary Affidavit filed today is taken on record.
Applicant-Vikas Bali seeks bail in in Case Crime No. 89 of 2007 under Sections 420, 467, 468, 471, 120-B, 504 & 506 I.P.C. Police Station Lal Kurti, District Meerut.
Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.
Learned counsel for the applicant has submitted that the dispute between the parties is purely civil in nature, but it has been given colour of criminal case. He has further pointed out that civil litigation is pending between the parties regarding the dispute in question and the present First Information Report lodged by the informant is manifestly attended with malafides and falls under the category of maliciously instituted prosecution with an ulterior motive for wreaking vengeance. He has further submitted that admittedly, the applicant is the son of co-accused, Gulzar Bali but he has not received a single penny either by cash or by check from the informant or her sons. He further submits that his case is distinguishable from the case of other co-accused persons mentioned in the First Information Report. He has further submitted that the applicant is in jail since 25.10.2009 and the trial has not commenced which is likely to consume some more time to conclude and more over he has got no criminal history to his credit. There are scanty chances of his fleeing away from the judicial process or tampering the prosecution witnesses.
The bail is, however, opposed by the learned Learned A.G.A. as well as counsel for the informant Sri N.I. Jafri.
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-Vikas Bali involved 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 :- 13.1.2010 SFH