SARDAR SURJEET SINGH Vs. STATE OF U P

JUDGEMENT

(1.) SUPPLEMENTARY affidavit filed today is taken on record. Heard the learned counsel for the applicant, learned A.G.A. and perused record. The applicant is involved in Case Crime No.171 of 2007, under Sections 406, 506 I.P.C., Police Station Cantt, District Lucknow. It is submitted on behalf of the applicant that the as would be apparent from the perusal of the statements under Section 161 Cr.P.C. of three witnesses (Annexure SA-1), whatever amount of money was taken it was paid back and there was some dispute in respect of interest only. Therefore it is submitted that the allegation of an outstanding amount of rupees four lacs is baseless. The applicant is languishing in jail from 20.05.2009 and the offences are triable by Magistrate. There is no criminal history against him. The bail is however, opposed by learned A.G.A. The points pertaining to nature of accusation, danger of accused absconding or fleeing if released on bail, character, behaviour and position of the accused, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered. In view of the aforesaid facts and circumstances and without entering into the merits of the case and also having regard to the discussion made hereinabove, I find it to be a fit case for granting bail. Let the applicant (Sardar Surjeet Singh) be enlarged on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the Magistrate/court concerned.