Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31850 of 2018 Applicant :- Rishi Pal Opposite Party :- Union Of India Thru Secretary Ministry Of Railway, Bareilly And 3 Others Counsel for Applicant :- Chandresh Kumar Chaurasiya,Pradeep Kumar Counsel for Opposite Party :- Vikash Chandra Tripathi
Hon'ble Vivek Kumar Singh,J.
Heard Sri Pradeep Kumar, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
Sri V.C.Tripathi, learned counsel appearing for Railway was granted time to file counter affidavit, but the same has not yet been filed. None has appeared for the contesting respondent even in the revised call.
According to the prosecution version the complainant lodged FIR against 6 co-accused persons alleging that when the accused were lifting railway property they were arrested by the railway police.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case due to ulterior motive and he has committed no offence. It is next contended that the applicant is not named in the FIR and he was also not arrested on the sport. Subsequently, he was arrested after two months of the alleged incident. Neither there is any independent witness to support the prosecution version nor anything has been recovered from the possession of the applicant. Co-accused Rahul Saroj has already been released on bail by this Court on 24.8.2018, copy of which has been produced by the applicant's counsel and the same is taken on record. Other co-accsued Sanjay Kumar, Raju Yadav and Kamlesh have also been released on bail as mentioned in Criminal Misc. Bail Application No.32290 of 2018, hence the applicant is also entitled to be released on bail. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 1.6.2018. The applicant has no other reported criminal antecedent.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, and also considering the submissions advanced by learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22, the applicant is entitled to be released on bail.
Without expressing any opinion on the merits of the case let the applicant Rishi Pal involved in Case Crime No. 02 of 2018, under Section 3 R.P.(U.P.) Act,, P.S.R.P.F.Post, District- Pilibhit be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicants to prison.
Order Date :- 17.9.2018 IA