Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25066 of 2019 Applicant :- Rahul Mahaur Opposite Party :- State Of U.P. Counsel for Applicant :- Ajit Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant seeking bail in Case Crime No. 009 of 2019, under Sections 392, 342, 411 IPC, Police Station Barla, District Aligarh.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case. He further submitted that the FIR of this incident was lodged against the unknown person and the present accused was arrested by the police during the police encounter and one mobile was allegedly said to be recovered from the possession of the present accused. He further submitted that the mobile has allegedly shown to be recovered from the possession of the accused has not been made specified in the FIR and only two mobiles were said to be looted and of which make they were, has not been specified in the FIR. He further submitted that there is no public witness of the alleged recovery. The criminal history of the applicant has been explained in paragraph no. 8 of the affidavit filed alongwith the bail application. He further submitted that applicant is in jail since 21.1.2019 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Rahul Mahaur be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 21.6.2019 Mini