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Judgment
9 paragraphs · 340 wordsAlok Kumar Verma, J
Present Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with Case Crime No. 348 of 2022, registered at police station I.T.I., District Udham Singh Nagar. Applicant is in judicial custody under Sections 420, 467, 468, 471, 120B, 504 and Section 506 of the Indian Penal Code, 1860.
These facts are not disputed that one Kasam Hussain executed a sale deed of the property-in-question in favour of Smt. Dulari Devi, mother of the present applicant, on 09.03.2016. Thereafter, Kasam Hussain executed another sale deed of the same property on 10.01.2018 in favour of the informant of the present matter. Applicant was neither executor nor witness to the subsequent sale deed.
Heard Mr. D.S. Mehta, learned counsel for the applicant and Mr. V.S. Rathore, A.G.A. for the State.
Mr. D.S. Mehta, Advocate, contended that applicant has been implicated in the present matter. Co-accused Kasam Hussain has already been granted bail on 07.03.2023. Applicant is in custody since 06.05.2023. He has no criminal history. He is a permanent resident of District Udham Singh Nagar, and, charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence.
On the other hand, learned counsel for the State has opposed the bail application. However, he has fairly conceded that co-accused Kasam Hussain has been granted bail on 07.03.2023.
Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, there is no reason to keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merit of the case, this Court is of the view that the applicant deserves bail at this stage.
The Bail Application is allowed.
Let the applicant – Ravindra Kumar be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.