Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30807 of 2019 Applicant :- Rajesh @ Chhotu Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Behari Saxena,Ajit Kumar, Vishvendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Rejoinder Affidavit filed in Court today, is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in case crime No. 1746/2018, under Section 302 IPC, police station Highway, District Mathura with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused-applicant is not named in the FIR and he has been falsely implicated in this case. It was submitted that there is no eye witness of alleged incident and involvement of applicant was shown merely on the basis of statement of co-accused Kamal, who is son-in-law of the informant and that no motive has been assigned to the applicant. It was stated that version of alleged witness Pooran Singh that he has seen applicant and co-accused Kamal going on a scooter after incident, is not reliable. It was further submitted that main accused Kamal has already been enlarged on bail by another Bench of this Court, copy of which has been annexed with the bail application and the role assigned to the applicant is similar to that of co-accused Kamal. It has further been argued that the applicant is in judicial custody since 09.01.2019, having no criminal history and in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail. However, it has not been disputed that there is no eye witness of alleged incident and that similarly placed co-accused Kamal has been granted bail by another Bench of this Court.
Considering the submissions of learned counsel for the parties, facts of the case, nature of accusations, period of custody, evidence against the applicant as well as the fact that similarly placed co-accused Kamal has been granted bail and all attending facts and circumstances of the case, 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 Rajesh @ Chhotu involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
Order Date :- 17.12.2019 Anand