Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24957 of 2019 Applicant :- Rohit Opposite Party :- State Of U.P.
Counsel for Applicant :- Roopesh Kumar Nigam Counsel for Opposite Party :- G.A.
Hon'ble Siddhartha Varma,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.
This is an application for bail moved on behalf of the applicant, Rohit, who is involved in Case Crime No. 1542 of 2018, under Sections 147, 148, 307, 323, 332, 353, 427, 324 and 34 I.P.C. & 7 Crl. L.A. Act, Police Station- Vijay Nagar, District- Ghaziabad.
Learned counsel for the applicant has contended that the applicant is innocent and has been falsely implicated. The contention of the learned counsel for the applicant is that only to conceal the act of the police of being the perpetrators of the crime the First Information Report has been lodged. It is highly improbable that seven accused out of whom four were women, had assaulted eight Policemen. It is further contended that out of seven co-accused, five co-accused persons namely, Rahul, Shashi, Shyama Devi, Sangita and Babita have been granted bail by co-ordinate Bench of this Court on the very same date i.e. 16.04.2019 in Criminal Misc. Bail Application Nos.45329, 43703 and 43377 all of the year 2018, hence, the applicant is also entitled for bail. It is lastly submitted that the applicant has no other criminal history and is in jail since 02.05.2019 and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.
On the other hand, learned A.G.A. opposed the prayer for bail. However, he does not dispute the fact that similarly placed co- accused have been granted bail by this Court.
Considering the entire facts and circumstances of the case, allegations in the F.I.R. and all other materials available on record, in my opinion, the applicant is entitled to be released on bail on the ground of parity.
Let the applicant, Rohit, be released on bail in Case Crime No. 1542 of 2018, under Sections 147, 148, 307, 323, 332, 353, 427, 324 and 34 I.P.C. & 7 Crl. L.A. Act, Police Station- Vijay Nagar, District- Ghaziabad on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate/Court concerned, subject to the following conditions:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide by the orders of the court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activity.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 24.6.2019 Ram Murti