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Kishan v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 23392 of 2005  RD-AH 7858 (20 December 2005)
Court No. 19
Crl. Misc. Bail Application No.23392 of 2005
Kishan .....Vs.....State of U.P.
Hon'ble Alok Kumar Singh, J.
Heard learned counsel for the applicant and learned A.G.A. and also perused the material on record.
The applicant Kishan is involved in case crime No. 2399 of 2005, for the offence under Sections 386, 342, I.P.C., Police Station Katghar, district Moradabad.
It is alleged that a tractor belonging to complainant's brother disappeared due to conspiracy made by Doctor Mohan resident of Mau, Police Station Hajrat Nagar Garhi, district Moradabad . The case was got registered by the complainant. Due to that enmity while complainant was coming to Moradabad on his Motor Cycle along with his companion Jarif at about 11.00 a.m., Doctor Mohan his nephew Kishan and his elder brother Mahendra stopped his Motor Cycle and took him to another place where Doctor Mohan threatened him by placing his country made pistol in front of him and demanded an amount of Rs. 1 lac. The complainant accepted the demand under pressure and thereafter all of them went towards Chandausi. Consequently report was lodged.
As against the genuineness of the prosecution case and proposed supporting evidence, it is argued that at the most offence under Section 342 I.P.C. is made out against the applicant which is a minor offence. The offence under Section 386 I.P.C. is not made out even on the basis of allegations and prima face evidence. It is further argued that the enmity is a double edged weapon and he has been falsely implicated. It is contended out that applicant has no criminal history against his credit.
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 with the witnesses, prima facie satisfaction of the Court regarding proposed evidence and genuineness of the prosecution case were duly considered.
In view of the entire facts and circumstances of the case, taking into consideration some of the arguments, advanced on behalf of the applicant in respect of the points discussed herein above, without prejudice to the merits of the case, I find it to be a fit case for granting bail. Let the applicant be enlarged on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the concerned Court.
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