Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23499 of 2019 Applicant :- Rahul Raykwar Opposite Party :- State Of U.P.
Counsel for Applicant :- Prabha Shanker Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant Rahul Raykwar, in case crime No.245 of 2019, under Section 380, 411 I.P.C., police station Kotwali (Jhansi), District- Jhansi.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number because of being friend of son of informant. This report was got lodged by father against his own son and accused applicant. A recovery of a chain of yellow colour, has been shown against him whereas no such recovery was ever made nor there was any independent public witness nor any specific mark of identity is there. Accused applicant is of no criminal antecedent. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Hence bail has been prayed for during trial.
Learned AGA has vehemently opposed the bail application.
Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Rahul Raykwar, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the 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 :- 6.6.2019 Kamarjahan