Allahabad High Court
Smt. Lalita Devi & Another vs State Of U.P. on 4 January, 2010
Author: Surendra Singh
Bench: Surendra Singh
Court No. - 48 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25333 of 2009 Petitioner :- Smt. Lalita Devi & Another Respondent :- State Of U.P. Petitioner Counsel :- Ashwini Kumar Awasthi,A.S. Diwakar,Manish Tiwary,Vinod Kr. Srivastava Respondent Counsel :- Govt. Advocate Hon'ble Surendra Singh,J.
Applicant no.2-Nawal Kishore Khemka seeks bail in Case Crime No. 99 of 2008 under Sections 420, 467, 468 and 471 I.P.C., Police Station Bhelupur, District Varanasi.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
No counter affidavit has been filed by learned A.G.A. despite the time having been granted earlier.
Submissions have been made on behalf of the applicant that the applicant is named in the F.I.R. and the incident is alleged to have taken place in between year 2001 and 2006 and the F.I.R. saw light of the day on 19.2.2008. There is inordinate delay in lodging the report for which no plausible explanation has been given by the prosecution. He has further submitted that there is no direct allegation against the applicant and the allegation is mainly against his brother Kamal Kishore Khemka, as such his case is distinguishable from the case of co-accused, Kamal Kishore Khemka. He has further pointed out that under the similar set of circumstances co-accused Smt. Lalita Devi has been granted bail by another Bench of this Court vide order dated 05.10.2009 and the applicant is also entitled to be released on bail. The applicant is in jail since 3.9.2009 and trial has not commenced which is likely to consume some time to conclude and moreover, there is no criminal history to his credit. 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- Applicant no.2-Nawal Kishore Khemka 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 :- 4.1.2010 MN/-