Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26538 of 2021 Applicant :- Rahul Opposite Party :- State of U.P.
Counsel for Applicant :- Ajay Kumar Counsel for Opposite Party :- G.A.,Satyam Narayan
Hon'ble Raj Beer Singh,J.
Second supplementary affidavit, filed by the learned counsel for the applicant, is taken on record.
Heard learned counsel for the applicant, learned counsel for the first informant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. The applicant is not named in first information report, which was lodged against co-accused Sarvendra, Mohit, Rupendra @ Kalu and Furkan. There is no eye-witness of alleged incident and there is no other circumstantial evidence against the applicant. It was stated that involvement of applicant has been shown on the basis of statement of co-accused persons. The applicant was not involved in the alleged robbery of truck or any murder of truck driver and that role of applicant was shown, after incident of robbery and murder, in taking away the truck. Learned counsel submitted that only some part of truck has been shown recovered at the instance of applicant and co-accused persons but the said prosecution version is thoroughly false and baseless. Learned counsel submitted that there is no cogent evidence against the applicant and that applicant has no previous criminal history of one case under Section 25 Arms Act, which was imposed after this case. It has been further submitted that now the applicant is languishing in jail since 12.05.2021 and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. and learned counsel for the first informant have opposed the prayer for bail and argued that the dead body of deceased has not been recovered so far, however, it has not been disputed that charge-sheet against applicant has already been filed and allegations of robbery of truck and murder of deceased have been made against co-accused Sarvendra, Mohit, Rupendra @ Kalu and Furkan.
Perusal of record shows that as per prosecution version, involvement of applicant was shown in disposal of the truck, which was robbed by co-accused persons. There were no allegations that applicant has participated in robbery of truck or murder of deceased, thus, the case of applicant is distinguished from co-accused Sarvendra, Mohit, Rupendra @ Kalu and Furkan.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on 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. 1001 of 2021, under Sections 392, 411, 120-B IPC, Police Station Aurangabad, District Bulandshahar, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. 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.
5. 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 them 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 26.10.2021 A. Tripathi