Court No. - 16
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19855 of 2018 Applicant :- Chhoti And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Durgesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants as well as learned AGA for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicants has been confined to the extent that the applicants are innocent and have been falsely implicated in this case. Offence alleged is triable by the Magistrate Ist Class. Factum of recovery is not supported by any public independent witness. Co-accused Rahees has been admitted to bail by this Court, whose bail order has been annexed as annexure no.3 to the affidavit filed in support of this bail application. The applicants are languishing in jail since 04.09.2017.
Learned AGA has opposed prayer for bail. However, learned AGA has not disputed the aforesaid facts.
Without expressing any opinion on merits of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicants are entitled to be released on bail. Accordingly, bail application is allowed.
Let the applicants Chhoti and Shadab involved in Case Crime No.250 of 2017, under Sections 395, 398, 342, 411, 414, 420 I.P.C., Police Station Rohta, District Meerut be released on bail on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions that :-
(1) The applicants shall not tamper with the prosecution evidence;
(2) The applicants shall not pressurize the prosecution witnesses;
(3) The applicants shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the Courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 31.5.2018 rkg