2/3 lok khati nibaran adhiniyam case ki fir bailable hai
SAURABH KUMAR DIXIT
(Querist) 26 March 2013
This query is : Resolved
SIR,
2/3 Prevention of Damage to Public Property Act (Lok Sampati Kshati Nivaran Adhiniyam) CASE KI FIR BAILABLE HAI .
ISME KITNE MAH KI KAID HAI !
SAURABH KUMAR DIXIT
SHAHJAHANPUR,U.P
242001
Arjunsingh Saoji
(Expert) 27 March 2013
You must be referring to 2/3 Prevention of Damage to Public Property Act (Lok Sampati Kshati Nivaran Adhiniyam). Refer sample case as under
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15589 of 2012
Petitioner :- Arvind Kumar Mishra
Respondent :- State Of U.P
Petitioner Counsel :- Anil Kumar Tiwari
Respondent Counsel :- Govt. Advocate
Hon'ble Yogesh Chandra Gupta,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
The applicant, Arvind Kumar Mishra is an accused and is seeking bail in Case Crime no.197 of 2012, under Sections 395, 397, 332, 353, 386, 412 IPC, 7 Criminal Law Amendment Act,� and 2/3 Prevention of Damage to Public Property Act (Lok Sampati Kshati Nivaran Adhiniyam), Police Station Roza District Shahjahanpur.
It is contended on behalf of the applicant that during investigation offences under Sections� 395, 397, 332, 353, 386, 412 IPC, 7 Criminal Law Amendment Act,� and 2/3 Prevention of Damage to Public Property Act (Lok Sampati Kshati Nivaran Adhiniyam) have been dropped. In support of the aforesaid contention an affidavit of one Krishna Mohan Mishra annexing therewith the Police report dated 25.6.2012� sent to Additional Chief Judicial Magistrate, Shahjahanpur has been filed. It is further contended that the applicant has no criminal antecedent. He is in jail since 23.4.2012. Therefore, in the facts and circumstances of the case, the applicant is entitled for bail.
Learned AGA has opposed the bail application of the applicant, however, he has fairly conceded that during� investigation, offences under Sections� 395, 397, 332, 353, 386, 412 IPC, 7 Criminal Law Amendment Act,� and 2/3 Prevention of Damage to Public Property Act (Lok Sampati Kshati Nivaran Adhiniyam) have been dropped.
Having heard learned counsel for both the sides and having considered the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it to be a fit case for bail.
Let the applicant, Arvind Kumar Mishra involved in case Crime no.197 of 2012, Police Station Roza District Shahjahanpur, 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 :- 1.8.2012/Hasnain
