Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28501 of 2017 Applicant :- Shanker Rathore Opposite Party :- State Of U.P.
Counsel for Applicant :- Chandra Kant Bharadwaj Counsel for Opposite Party :- G.A.
Hon'ble Shashi Kant,J.
Counter affidavit filed today by learned A.G.A. is taken on record.
Heard Chandra Kant Bharadwaj learned counsel for the applicant, Sri Pradeep Kumar, learned A.G.A. for the State of U.P. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 373 of 2017, under Sections 147, 148, 149, 436, 307, 332, 353 IPC, 7 Criminal Law Amendment Act and 3 Public Property Act, Police Station Partapur, District Meerut, with the prayer to enlarge him on bail.
The submissions of learned counsel for the applicant are that the applicant is innocent person and has been falsely implicated in the case, he is having no previous criminal history and in jail since 07.06.2017. Neither the applicant is named in the FIR nor any recovery has been shown from the possession of the applicant, nor he was arrested on the spot. The name of the accused applicant came in light during investigation. The case of the applicant is similar to co-accused Himanshu Rathore who has been enlarged on bail by this Court vide order dated 31.10.2017, passed in Criminal Misc. Bail Application No. 41672 of 2017. In these circumstances, the applicant is also entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
During the course of arguments, learned counsel for the applicant placed before this Court a photocopy of bail order of co-accused Himanshu Rathore which is taken on record.
Learned A.G.A. has opposed the prayer for grant of bail to the applicant but has fairly conceded that name of the accused applicant came in light during investigation and similarly situated co-accused Himanshu Rathore has already been granted bail by this Court.
Considering the rival submissions of learned counsel for the parties, material available on record, ground of parity with the co-accused Himanshu Rathore as well as totality of fact and circumstances, and 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 Shanker Rathore be released on bail in Case Crime No. 373 of 2017, under Sections 147, 148, 149, 436, 307, 332, 353 IPC and 7 Criminal Law Amendment Act, 3 Public Property Act, Police Station Partapur, District Meerut, 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 :-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the Trial Court on the dates fixed for (a) opening of the case; (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate orders in the matter regarding cancellation of bail.
Order Date :- 29.3.2018 Monika