Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41165 of 2020 Applicant :- Rohit Bhati Opposite Party :- State of U.P.
Counsel for Applicant :- Imran Ullah,Mohd Khalid,Yogendra Nath Shukla Counsel for Opposite Party :- G.A.,Anupam Dubey
Hon'ble Raj Beer Singh,J.
Supplementary affidavit, filed today learned counsel for the applicant, is taken on record.
Heard learned counsel for the applicant, learned counsel for the first informant as well as learned A.G.A. for the State and perused the record.
It has been argued by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in this case. In the F.I.R., the allegation against the applicant is that on 26.11.2019 in the night at about 09.30 p.m., the applicant along with co-accused Rinku Badhana has taken the deceased from his house and that on the next day, his dead body was found near Jaganpur Bandh. It has been further submitted that there is no eye witness of the alleged incident and that only evidence shown against the applicant is that of only last seen. It has been further submitted that during trial, all the five witnesses of fact have already been examined before the trial court and they have not supported the prosecution version and turned hostile. Learned counsel has referred the statement of witnesses, examined before the trial court, and submitted that no witness has made incriminating statement against the applicant. It has been also pointed out that in fact wife of deceased, who has been examined before trial court as PW-3, has stated that on the night of 26.11.2019, her husband (deceased) has gone to attend the marriage at the house of his uncle and that at about 01:00 to 01:30 hours, he had returned back and has again gone at 03:00 a.m. but thereafter he did not return It has been further submitted that in view of the statement of PW-3 Sheetal, the whole prosecution version become doubtful. It has also been stated that the alleged recovery of country made pistol from applicant is false and there is no independent witness of alleged recovery. It has lastly been submitted that the applicant is languishing in jail since 01.12.2019 having no criminal history and that in case, the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned counsel for the first informant has not opposed the bail prayer.
Learned A.G.A. has opposed the prayer for bail, however, could not dispute the fact that all the witnesses fact have turned hostile.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant-Rohit Bhati involved in Case Crime No.876 of 2019,under Sections- 34, 201, 302 IPC, P.S.-Dankaur, District-Gautam Budh Nagar, 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 :- 16.12.2021 SK Goswami