Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32100 of 2018 Applicant :- Rohit Dubey Opposite Party :- State Of U.P.
Counsel for Applicant :- Amit Daga,Umesh Chandra Shukla Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Amit Daga, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
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. It is further submitted that the applicant has not committed any offence as stated by prosecution nor he has any concern with the alleged incident. It is also submitted that prior to alleged incident informant moved one complaint against applicant's father-in-law and brother-in- law at the concerned police station leveling false allegation of misbehavior. Pursuant to said complaint police of concerned police station called both the parties at police station and thereafter dispute between them got settle on 15.11.2017. A copy of the written compromise dated 15.11.2017 has been annexed as Annexure No. 6 to the affidavit filed in support of bail application. 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 21.06.2018. The applicant has no other reported criminal antecedent.
Learned A.G.A. opposed the prayer for bail.
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, the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Rohit Dubey involved in Case Crime No. 121 of 2018, under Sections 354 (Ka), 506 I.P.C. and section 7/8 POCSO Act, 2012, Police Station Suriyawan, District Bhadohi 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:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 23.8.2018 Arti