Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41217 of 2021 Applicant :- Rajat Malik Opposite Party :- State Of U.P Counsel for Applicant :- Rahul Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
Argument on behalf of the applicant has been extended to the effect that in this case, applicant is innocent and has been falsely implicated in this case. The applicant has no role to play in the commission of the offence. Nothing incriminating has been recovered from the possession of the applicant. Factum of recovery is denied. Under the similar set of facts co- accused have already been admitted to bail by coordinate Bench of this Court, copies of the bail orders have been annexed as Annexure No.3 to the affidavit filed in support of this application. In case, the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 13.09.2021 in the present case.
The learned A.G.A. has vehemently opposed the prayer.
Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant- Rajat Malik involved in case crime no.032 of 2021, under Sections 420, 120-B IPC, Police Station Hathras Gate, district Hathras 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.
Order Date :- 26.10.2021 Raj Digitally signed by Justice Arvind Kumar Mishra Date: 2021.10.26 17:16:05 IST Reason: Document Owner Location: High Court of Judicature at Allahabad