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2013 DIGILAW 1700 (ALL)

Khushmeet Singh v. State of U. P.

2013-06-27

HET SINGH YADAV

body2013
Het Singh Yadav,J.;— Heard learned counsel for the applicant, learned A.G.A. and perused the record. 2. Learned counsel for the applicant argued that the applicant along with the complainant son of his deceased brother Virendera Singh, sisters Smt. Amarjeet Kaur and Smt. Surjeet Kaur both co-accused are the co-owners of the property in question. It is alleged that the applicant impersonating him as Virendra Singh executed a power of attorney in favour of both the sisters who said to have sold the property. The applicant has been falsely implicated in this case simply on the basis that his photograph was affixed on the power of attorney. In fact the applicant never executed the alleged power of attorney nor it is bearing his signature. The applicant is also not beneficiary of the fabricated power of attorney. However, since the parties are kins folk being the descendants of a common ancestor have compromised their disputes amicably out of the court. Therefore the applicant deserves to be enlarged on bail. 3. Sri Vinod Kumar, Advocate holding brief of Sri Lalit Kumar Srivastava, learned counsel for the complainant fairly conceded the fact that the dispute between the parties who are kinsman has been settled out of the court and thus the complainant has no objection, in case the applicant is released on bail. 4. Considering the points pertaining to the nature of accusation, prima facie satisfaction regarding proposed evidence and severity of punishment raised as above by the learned counsel of both the sides and on perusal of record, the court is of the view that the applicant deserves to be enlarged on bail. 5. Let the applicant, Khushmeet Singh who is involved in case crime No. 345 of 2012, under sections 420, 406, 467, 471, 120-B IPC, Police Station-Loha Mandi, District-Agra be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions: (i) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the Court or to any other authority. (ii) The applicant shall remain present before the court on the date fixed for hearing in the case and will co-operate in the trial. (ii) The applicant shall remain present before the court on the date fixed for hearing in the case and will co-operate in the trial. In case of unavoidable circumstances for remaining absent, he shall immediately give intimation to the court concerned through counsel and request be made to the trial court that he may be permitted to be present through counsel. (iii) He will not misuse the liberty of the bail and will not repeat any such instance in future. 6. Deviation of any of the above conditions shall entail cancellation of bail. _____________