Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24180 of 2015 Applicant :- Rohit Opposite Party :- State Of U.P.
Counsel for Applicant :- S.N. Rai,A.C.Srivastava,Harindra Pratap,Jahangir Jamshed Munir,S.K. Rai Counsel for Opposite Party :- Govt. Advocate,Amit Rana
Hon'ble Rajul Bhargava,J.
Heard Sri A.C. Srivastava, learned counsel for the applicant, Sri Amit Rana, learned counsel for the informant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Rohit in Case Crime No. 265 of 2015, under Sections 302, 201 I.P.C., Police Station- T.
P. Nagar, District- Meerut with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. The applicant is not named in the first information report. According to F.I.R., deceased was done to death by some unknown miscreants in the intervening night of 14/15.05.2015 and his dead body was recovered on the next day and F.I.R. was lodged at about 11 A.M. During investigation, prosecution introduced two eye-witnesses who have stated that the applicant had caused injury by stone and co-accused Bittu had assaulted the deceased with knife. It is further submitted that there are five incised wounds and one lacerated wound on the person of the deceased. Co-accused Bittu has been declared juvenile and has been enlarged on bail. Lastly, it is submitted that all the witnesses of fact and almost all the formal witnesses have already been examined and the matter is fixed for recording statement under Section 313 Cr.P.C. Therefore, there is no chance for the applicant to tamper with the prosecution witnesses, if enlarged on bail. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 23.5.2015, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Be that as it may, considering the overall facts and circumstances of the case as also the manner in which the name of the applicant has been introduced during investigation and co-accused Bittu who has been declared juvenile and enlarged on bail, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Rohit be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
However, taking into account the apprehension of learned counsel for the informant that once the applicant is enlarged on bail, he shall cause hindrance in disposal of the trial, in my opinion the learned Session Judge, who is in seisin with the trial shall make an endeavour to expedite the trial of aforesaid case and conclude the same in accordance with law without granting unnecessary adjournments to either of the parties as expeditiously as possible preferably within a period of four months from the date of production of a certified copy of this order, if there is no legal impediment. In case, the applicant does not cooperate with the trial and remain absent on any of the date fixed, the trial court shall be at liberty to cancel his bail and take him in custody.
Order Date :- 21.1.2019 Vikas