Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30498 of 2019 Applicant :- Rohit Tomar Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohit Singh,Ravi Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This is a bail application on behalf of the applicant in connection with Case Crime No. 39 of 2018, under Sections 420, 468, 471 & 120-B I.P.C. and Sections 7/10 Uttar Pradesh Public Examinations Act, P.S. Chhaprauli, District Baghpat.
The contention of the learned counsel for the applicant is that the accused is absolutely innocent and he has been falsely implicated in the present case due to ulterior motive. He further submitted that the applicant was made the Invigilator by the Principal of Government Inter College and the Identity Card was also issued by the Principal. He further submitted that if anything wrong was committed then it was committed by the Principal, who has issued the Identity Card to the applicant. He further submitted that the applicant has not fabricated any documents. He submitted that all the offences are triable by the court of Magistrate. He further submitted that the co-accused Mohit Vats who was having similar role, has already been enlarged on bail vide order dated 25.07.2019 passed by another Bench of this Court in Criminal Misc. Bail Application No. 29904 of 2019.
He has placed reliance in the case of Data Ram Vs. State of
U.P. and others, 2018(3) SCC 22. The accused is languishing in jail since 24.06.2019 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Rohit Tomar be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
i) The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
ii) The applicant will not tamper with the witnesses.
iii) The applicant 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 trial court will be at liberty to cancel the bail.
Order Date :- 30.7.2019 Shanu