Court No. - 48 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30465 of 2009 Petitioner :- Mahavir Singh Respondent :- State Of U.P. Petitioner Counsel :- Suresh Chandra Mishra Respondent Counsel :- Govt Advocate Hon'ble Surendra Singh,J.
Applicant- Mahavir Singh seeks bail in Case Crime No. 447 of 2007 under
Sections 419, 420, 467, 468, 471 and 120-B I.P.C., Police Station Sikandra,
District Agra.
Heard learned counsel for the applicant as well as learned AGA for the State
and perused the material placed on record.
Submissions have been made on behalf of the applicant that the applicant is
witness of forged unregistered will and no benefit has been derived by him
out of the said will. Apart from this, the informant has sold the property which
is the subject matter of the will long back in the year 1982 and there is
nothing for him to lodge the first information report. He has further contended
that co-accused Raj Kumar, in whose favour will was prepared, has been
released on bail by another bench of this Court on 2.3.2009 vide Criminal
Misc. Bail Application No.5543 of 2009. He has further submitted that the
case of the applicant stands upon better footing than that of co-accused. He
has further contended that on account of long incarceration, the applicant is in
jail since 8.9.2009 and trial has not commenced which is likely to consume
some time to conclude and moreover, there is no criminal history to his credit.
He has further submitted that there are scanty chances of his tampering with
the prosecution witnesses or fleeing from the judicial process, thus he is
entitled 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-
Mahavir Singh 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 :- 7.1.2010
MN/-