Ram Karan Tiwari vs State of U.P.

Alok K. Singh, J.

Heard the learned counsel for the applicant, learned A.G.A. and perused record.

The applicant is involved in Case Crime No.436 of 2007, under Sections 419, 420, 467, 468, 469 I.P.C. and 3 (1) U.P. Gangster Act, Police Station Jagdispur, District Sultanpur.

As against the complicity of the applicant it is submitted that the main beneficiary is coaccused Kashi Ram who took the loan and the tractor and used it for about more than a year. The only allegation against him is that when this fact came to notice of the complainant the applicant extended every help in selling of that tractor and out of total amount he has received an amount of Rs.20,000/. He is said to be in jail for the last more than four months and the offences are triable by Magistrate.

The bail is however, opposed by learned A.G.A.

The points pertaining to nature of accusation, danger of accused absconding or fleeing if released on bail, character, behaviour and position of the accused, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered.

In view of the aforesaid facts and circumstances and without entering into the merits of the case and particularly having regard to the fact that there is no criminal history against him and the offences are triable by Magistrate, I find it to be a fit case for granting bail. Let the applicant (Ram Karan Tiwari) be enlarged on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the Magistrate/court concerned.