Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 752 of 2018 Applicant :- Rahul Pandit Opposite Party :- State Of U.P.
Counsel for Applicant :- Shyam Narain Pandey,Shravan Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Rejoinder affidavit and counter affidavit have been filed today are taken on record. Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against unknown persons alleging that on 19.06.2017 three unknown person looted cash of Rs. 4,56,703 from cashier Neetu Kumar and computer operator Satyendra Kumar subsequently on 19.06.2017 two accused persons, namely, Atiq @ Iqbal and Rahul Pandit were arrested by the Police with the recovery of country made pistol from their possession; and other accused persons were fled away; the accused Atiq @ Iqbal has been died.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; there is no independent witness against the applicant; no identification of persons or property was done; the criminal history of two cases against the applicant has been explained; the criminal history of four cases have been roped with this incident; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is in jail since 19.06.2017 (more than eight months).
Learned A.G.A. opposed the prayer for bail and admitted that the criminal history of two cases against the applicant has been explained.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence the bail application is hereby allowed.
Let the applicant Rahul Pandit involved in the Case Crime No. 622 of 2017, under Sections 392, 411, 34 I.P.C., P.S. Hapur Nagar, District Hapur 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 with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 28.2.2018/A. Tripathi