Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30493 of 2019 Applicant :- Rakesh Bharati Opposite Party :- State Of U.P.
Counsel for Applicant :- Harish Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
This is a bail application on behalf of the applicant Rakesh Bharati in connection with Case Crime No. 31 of 2019, under Sections 380, 411, 413 I.P.C., P.S. Ahirauli Bazar, District Kushinagar.
The submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case with the ulterior motive. He submitted that as per the first information report some ornaments, cash and a laptop was stolen on 10.02.2019 by some unknown persons and after eleven days of the incident, present applicant and Gaurjeet Chauhan were arrested and they have stated in their statement before the police that they have sold some ornament to Guddu @ Umesh Verma and some ornaments were recovered from the shop of Guddu @ Umesh Verma. He further submitted that there was no identification mark on the ornaments. He further submitted that the applicant was not having any criminal history. He submitted that no proper identification of the recovered articles was conducted during investigation. He submitted that the co-accused Guddu @ Umesh Verma and Gaurjeet Chauhan have been granted bail by another Bench of this Court by order dated 20.06.2019 and 02.07.2019 passed in Criminal Misc. Bail Application Nos. 24817 of 2019 and 26235 of 2019. He submitted that the applicant is in jail since 22.02.2019 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea. However, learned A.G.A. does not dispute the factum of parity.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Rakesh Bharati involved in Case Crime No. 31 of 2019, under Sections 380, 411, 413 I.P.C., P.S. Ahirauli Bazar, district Kushinagar, be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 30.7.2019 Ujjawal