ALOK KUMAR SINGH,J. - (1.) HEARD the learned Counsel for the applicant, learned A.G.A. and perused record.
(2.) THE applicant is involved in Case Crime No.141 of 2009, under sections 420, 467, 468 and 471 I.P.C., Police Station Wa-zirganj, District Lucknow. As against the genuineness of the prosecution case and proposed evidence it is submitted that the offences are triable by Magistrate. Besides the applicant is 60 years old person who has sold his share of land bona fidely for valid consideration. It is submitted that the initially he had I/6th share in the property and after the death of his brother he got his share also in view of the law prevailing at that time and there­fore he sold both shares in the aforesaid manner. It is also submitted that otherwise also the matter is of civil nature. But no suit of cancellation has been filed till date which is an effective relief in such matters. The complainant happens to be her niece who has probably no knowledge about all these things and that is why she got this case registered on the basis of an applica­tion under section 156 (3) Cr.P.C. which was prepared after due consultation and legal advice. He is said to be in jail from 19.6.2009. Concededly there is no criminal history against him. The bail is however, opposed by learned A.G.A.
(3.) WITHOUT entering into the merits of the case, in view of the facts and circum­stances of the case and having regard to the discussion made hereinabove and consid­ering the fact that the offences are not of very grave nature and are triable by Magis­trate and the applicant is aged about 60 years, I find it to be a fit case for granting bail.;