Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18017 of 2019 Applicant :- Rahul Chawla Opposite Party :- State Of U.P.
Counsel for Applicant :- Santosh Tripathi,Mandvi Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant Rahul Chawla, who is involved in Case Crime No. 64 of 2019, under Sections 394, 411 I.P.C., P.S. Sector-58 Noida, District Gautam Budh Nagar, is seeking enlargement on bail.
It has been submitted by learned counsel for applicant that applicant is innocent; he has been falsely implicated in this very case crime number; first information report was got registered on 03.02.2019 at 14.25 P.M. upon report of Shri Prakash Yadav against unknown for robbery of pistol along with live cartridges, whereas statement of Prem Narayan, Constable of Police Station Sector-58 Noida is of this fact that in the night while this witness was at his duty at police station one person Shri Prakash Yadav along with Vipin, being under influence of liquor, came and informed about missing of his official pistol and he being Police Constable at Delhi Police, no report was given by him, but they were sent for medical examination; nothing incriminating has been recovered from the personal search of applicant; accused-applicant along with two others has been falsely implicated in this case on the basis of alleged recovery memo with contention that above pistol was recovered from the dashboard of Dzire car, which was confessed to be robbed in above occurrence and this car was registered in the name of Hemant Rautela; it has specifically been written in this recovery memo that Hemant Rautela, Abhishek Bhatt and Rahul Chawala were boarding in above car were taken out; nothing incriminating has been recovered from the possession of applicant and the alleged recovery of pistol was from dashboard of car; there is no independent public eyewitness of this recovery nor such recovery was ever made; accused- applicant is of no criminal antecedents, hence bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail.
First Information Report reveals that it was got lodged against unknown person and statement of constable reveals that prior to this registration of case crime number a report of missing of pistol was got lodged though no-one was named in it. Subsequently, recovery that too without any independent public witness was made from dashboard of car, in which those three persons were boarding, they were taken out from car, from their personal search nothing incriminating has been recovered and alleged recovery was made from the dashboard of above car.
Considering the rival submissions, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant Rahul Chawla, involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 30.4.2019 NS