Court No. - 28 Case :- BAIL No. - 5414 of 2010 Petitioner :- Shyam Lal Respondent :- State Of U.P. Petitioner Counsel :- Shailendra Kumar Singh Respondent Counsel :- Govt.Advocate Hon'ble Shri Kant Tripathi,J.
Heard the learned counsel for the applicant and the learned AGA and perused
the record.
The learned counsel for the applicant submitted that the sale deed in question
was executed by the applicant in respect of plot no. 295 on which basis the
complainant’s name was mutuated in the revenue record. It was further
submitted that a civil suit is also pending in regard to the dispute. It was next
submitted that after a gap of seven year the complainant started to contend
that the sale deed was to be executed in regard to plot no. 254. It was also
submitted that the dispute is of civil nature.
There does not appear to be any reasonable ground to believe that the
applicant will temper with the witnesses or abscond, if released on bail.
Keeping in view the nature of the offence, evidence, complicity of the
accused, the severity of the punishment and submissions of the learned
counsel for the applicant and the learned AGA, I am of the view that the
applicant has made out a case for bail.
Let the applicant Shyam Lal involved in case crime No. 385 of 2010 under
sections 406, 419, 420, 467, 468, 471 IPC, P.S. Khairighat, District Bahraich
be released on bail on his furnishing a personal bond and two sureties each in
the like amount to the satisfaction of the Chief Judicial Magistrate, Bahraich.
Order Date :- 21.7.2010
MTA