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Judgment
Akhil Kumar Srivastava, J
This is the second bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail.
The first bail application was dismissed as withdrawn vide order dated 06.10.2020 in M.Cr.C.No.23779/2020.
The applicant is in custody since 27.06.2020 in connection with Crime No.322/2017 registered at Police Station Gopalganj, District Sagar for the
offence punishable under sections 420, 467, 468 and 471 of IPC.
It is alleged that the applicant and other co-accused persons have fraudently sold the land. On the basis of aforesaid, offence has been registered
against the applicant.
Learned counsel for the applicant submits that the applicant is innocent and he is in custody since 27.06.2020. He is aged about 70 years. It is further
submitted that the charge- sheet has been filed and trial will take time to conclude due to Covid Pandemic. There is no criminal record of the applicant
prior to the present case. There is no likelihood of applicant absconding and tampering with the prosecution evidence and his further custody is not
required in this case. On the aforesaid grounds, learned counsel for the applicant has prayed that the applicant be released on bail.
Learned Panel Lawyer for the State has opposed the prayer for bail. He submitted that the applicant is absconder as is reflected from the order sheet
of the trial Court itself. With these submissions prays for dismissal of the application.
Heard learned counsel for both the parties and perused the entire material available in the PDF format.
Keeping in view the entire facts and circumstances of the case, nature of allegations and evidence against the applicant and the fact that the applicant
has fraudulently prepared the sale deed and thereafter, sold the land of the complainant to some other person and taking into consideration the fact
that the applicant was absconding as reflected from the rejection order of the trial Court dated 01.07.2020.
In view of the aforesaid and the conduct of the applicant, this Court is the considered view that this is not a fit case in which the applicant may be
released on bail. Consequently the Second/repeat application stands dismissed.