Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40893 of 2017 Applicant :- Neeraj Rathi Opposite Party :- State Of U.P. Counsel for Applicant :- Adesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant is that the role confined to the applicant is only to section 120-B I.P.C. The shooter Devesh Tyagi has been admitted to bail by a coordinate bench of this court in criminal misc. bail application no. 23722 of 2014 on 16.1.2017. It has been promised that if the applicant is admitted to bail he will not indulge himself in the commission of any similar offence and undertakes that in case he is found indulged in any case, this bail may be cancelled. The applicant is languishing in jail since27.8.2013.
Learned A.G.A. has opposed prayer for bail. However, learned A.G.A. has not disputed the aforesaid facts.
Without entering into merit 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 applicant is entitled to be released on bail. Accordingly, bail application is allowed.
Let the applicant Neeraj Rathi involved in Case Crime No.
307 of 2013, under Sections 147,302,504,120-B I.P.C. Police Station Medical, District Meerut be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 30.7.2019 N.A.