Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2038 of 2021 Applicant :- Rahul Opposite Party :- State of U.P.
Counsel for Applicant :- Barkha Chaudhary,Adesh Kumar,Mohit Kumar Singh,Sandeep Kumar Rai,Satyam Narayan,Shyam Narain Rai,Sujata Choudhary Counsel for Opposite Party :- G.A.,Yogendra Pal Singh
Hon'ble Om Prakash-VII,J.
Heard Ms. Sujata Chaudhary, learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. Applicant is not named in the F.I.R. The informant did not disclose the name of the applicant in the first statement recorded under Section 161 Cr.P.C.. It is also argued that Investigating Officer recorded the statement of the informant second time in which he disclosed the name of the applicant for committing the present offence. It is further submitted that none has seen the incident nor the applicant was seen running away from the place of occurrence by the witnesses. Since the informant has not seen the applicant running away from the place of occurrence, due to this reason name of the applicant was not disclosed in the F.I.R. or in the first statement recorded under Section 161 Cr.P.C. Referring to the aforesaid facts, it is further submitted that the applicant was implicated in this matter on the basis of suspicion. It is further contended that the applicant has no criminal history and he is languishing in jail since 30.10.2020 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail and argued that though applicant is not named in the F.I.R. yet informant in his second statement disclosed the name of the applicant. He was seen by the informant running away from the place of occurrence.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Rahul involved in Case Crime No.203 of 2020, under Section 147, 148, 149, 302, 34 I.P.C., P.S. Rohta, District Meerut be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions :
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
4. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him 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 prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self-attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned Court / Authority / Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 25.10.2021 Asha