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Rohit Chauhan vs State Of U P

High Court Of Judicature at Allahabad|12 October, 2018
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JUDGMENT / ORDER

Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39590 of 2018 Applicant :- Rohit Chauhan Opposite Party :- State Of U.P. Counsel for Applicant :- Rajesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Rohit Chauhan seeks bail in Case Crime No.
521 of 2018, under Section 411 IPC and Section 15 Dacoity Affected Area, P.S. Hari Parvat, District- Agra.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case due to ulterior motive. He has further submitted that only recovery of two mobiles and Rs. 500/- is shown to be recovered from the possession of the applicant. Learned counsel for the applicant has further submitted that there is no independent witness to corroborate the said recovery. Lastly, it is submitted that the applicant is in jail since 30.7.2018 and he has no criminal history to his credit and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
Learned AGA has opposed the prayer for bail, but could not dispute the fact that the applicant is in jail since 30.7.2018 and he has no criminal history to his credit.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let applicant Rohit Chauhan be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 12.10.2018 KU
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Title

Rohit Chauhan vs State Of U P

Court

High Court Of Judicature at Allahabad

JudgmentDate
12 October, 2018
Judges
  • Rajiv Gupta
Advocates
  • Rajesh Kumar