Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17738 of 2019 Applicant :- Rohit Opposite Party :- State Of U.P.
Counsel for Applicant :- Rama Shankar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Rohit has prayed to release him on bail in Case Crime No. 173 of 2018, u/s 379, 411 I.P.C., P.S. Kasana, District Gautam Budh Nagar.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number on the basis of alleged recovery of motorcycles, for which implication of other accused was made with mention of joint recovery from possession of those apprehended accused persons. But no such recovery was ever made nor there was any independent witness account of same there was any criminal antecedents prior to above date of recovery except the antecedents, which have been explained in Paragraph No. 10 of affidavit. Co-accused have been enlarged on bail in this very case crime number under same accusation, bail order of which were filed on record. Bail has been prayed for.
Learned AGA has vehemently opposed the bail application could not oppose the fact of grant of bail to co-accused persons in the present case crime number.
Having heard learned counsel for both side, considered material placed on record, without commenting on merit of case and considering the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Rohit, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 26.4.2019 Kamarjahan