Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40919 of 2018 Applicant :- Rohit Goel Opposite Party :- State Of U.P.
Counsel for Applicant :- Manish Tiwary,Ashwini Kumar Awasthi Counsel for Opposite Party :- G.A.,Santoshprad Rai
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. Similarly circumstanced co-accused Ravi @ Vikki @ Viddi, Krishna and Vishnu have already been admitted to bail by this Court. Copy of the said orders has been produced by the learned counsel for the applicant. Criminal history of the applicant has been explained in paragraph no. 41 of the affidavit to the application. The applicant is languishing in jail since 3.8.2018. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail.
Learned A.G.A. has opposed prayer for bail. However, he has not disputed the aforesaid facts.
Without expressing any opinion on merits of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed.
Let the applicant Rohit Goel involved in Case Crime No.
187 of 2017, under Sections - 379, 411 and 427 I.P.C., under Section - 15/16 of Petroleum and Mineral Pipelines (Amendment) Act 2011, Section 3/4 Prevention of Damage to Public Property Act and Section - 3/4 Explosive Substances Act,, Police Station - Highway, District - Mathura be released on bail on his 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 will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 18.12.2018 S Rawat