Mahadeo vs State Of U.P.
2011 Latest Caselaw 3048 ALL

Citation : 2011 Latest Caselaw 3048 ALL
Judgement Date : 26 July, 2011

Allahabad High Court

Mahadeo vs State Of U.P. on 26 July, 2011

Bench: Arvind Kumar Tripathi




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 51
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18833 of 2011
 

 
Petitioner :- Mahadeo
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- I.M. Khan
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Arvind Kumar Tripathi,J.

Heard learned counsel for the applicant, learned AGA and perused the record.

It is contended by the learned counsel for the applicant that the applicant is an accused in case crime no. 38 of 2009 under section 302 IPC along with other sections. In that case the proceeding was initiated under section 82 and 83 Cr.P.C. against those accused who were absconding, however, the applicant was already in jail. In the meantime, an order issued by the Principal Secretary, Home transferring the investigation of the aforesaid case to C.B.C.I.D. was placed before the court by one Om Prakash, the nephew of the co accused Devaki Nandan. Subsequently, it was found that said order was forged which was given by Abhai Singh Chauhan and Sushil Srivastava. An FIR was lodged against them. After investigation they were charge sheeted. Thereafter, the case was transferred to C.B.C.I.D. by the Government in which final report was submitted against the applicant. Subsequently, First Information Report was lodged that the applicant was beneficiary in the earlier forged order regarding the transfer of the case to C.B.C.I.D., hence, he has also been challaned in the present case. Prayer for bail of co-accused Devaki Nandan and Hari Prasad have already been allowed. The applicant is in jail since 2.6.2011, therefore, in the aforesaid facts and circumstances, the applicant is entitled for bail. If the applicant is released on bail, he will not misuse the liberty of bail and will co-operate with the trial.

Learned AGA opposed the aforesaid prayer.

Considering the submissions of learned counsel for the parties, without expressing any opinion on the merits of the case, I consider it a fit case for bail.

Let the applicant Mahadeo involved in case crime no. 346 of 2009, under sections 420, 466, 468, 471 and 120-B IPC, P.S. Sadar Bazar, district Mathura be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned.

Order Date :- 26.7.2011

Gss