Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27054 of 2019 Applicant :- Rohit Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Dheeraj Singh (Bohra),Rohit Nandan Pandey,Sanjeev Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Sudhir Agarwal,J.
1. Heard Sri Sanjeev Kumar Pandey, learned counsel for applicant and learned A.G.A. for State.
2. The present bail application has been moved by accused-applicant for enlarging him on bail in Case Crime No. 146 of 2019, under Section 406 IPC, Police Station Bisrakh, District Gautam Budh Nagar.
3. It is contended that only on presumption a false and fabricated case has been cooked against applicant by informant and local police. Applicant has no criminal history. There are no chances of applicant of fleeing away from judicial process or tampering with prosecution evidence. He undertakes to appear personally on each and every date and also not seek any unnecessary adjournment during trial. Co-accused, Ravi Sagar and Vikky Kumar have already been granted bail by this Court vide orders dated 21.11.2019 passed in Criminal Misc. Bail Applications No. 15555 of 2019 and 14889 of 2019, respectively. The applicant is in jail since 09.02.2019 and in case he is enlarged on bail, he will not misuse liberty of bail.
4. Learned A.G.A. has opposed the prayer for bail.
5. Considering the facts and circumstances of the case, without expressing any opinion on merits of the case, I think it appropriate to release applicant on bail.
6. The application is allowed.
7. Let applicant, Rohit Kumar, involved in Case Crime No. 146 of 2019, under Section 406 IPC, Police Station Bisrakh, District Gautam Budh Nagar be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with following conditions:
(i) The applicant will not temper with the evidence during trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appear before Trial Court on the date fixed.
(iv) The applicant shall report to the Police Station concerned in the first week of each month to show his good conduct and behaviour.
8. In case of breach of any of above conditions by applicant, the Court below shall be at liberty to cancel his bail.
Order Date :- 18.12.2019 AK