HEMRAJ BHADANA Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS bail application has been moved on behalf of the applicant Hemraj Badhana, who is involved in Case Crime No. 1490 of 2010 under Sections 420, 406 IPC, P.S. Indrapuram, District Ghaziabad. I have heard learned counsel for the parties and perused the records.

(2.) IT has been submitted from the side of the applicant that the applicant is in jail since 15.7.2011, that both the offences are triable by the Court of a Magistrate, that he has been falsely implicated in this case due to misunderstanding and also because the complainant of this case wanted to extort the money from him which he has already paid to the farmer from whom he had taken land to make the residential colony. It has further been submitted that basically it is a case of civil nature. Just to exert undue pressure upon the applicant a false F.I.R. has been lodged against him.

(3.) ANSWERING the above arguments, learned counsel for the applicant Mr. A.N. Mishra states that the applicant is ready to furnish the bank security for a sum of Rs. 2.00 lacs before the Court of the learned Magistrate. In the instant case the applicant is in jail since 15.7.2011. Offences are triable by the Court of a Magistrate. No criminal history has been alleged from the side of the State against the applicant. The applicant is ready to furnish a bank security for a sum of Rs. 2.00 lacs before the Court of the learned Magistrate. In these circumstances, I am of the view that the applicant should be released on bail on the following conditions: