Rohit v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41350 of 2023 Applicant :- Rohit Opposite Party :- State of U.P. Counsel for Applicant :- Dharmendra Pratap Singh,Himanshu Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard Sri Arvind Srivastava holding brief of Sri Dharmendra Pratap Singh, learned counsel for the applicant, learned AGA for the State and perused the record.

¶2The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No.124 of 2023, under Sections 323, 307, 452, 506 IPC, Police Station Chhapar, District Muzafarnagar, during the pendency of trial.

¶3Learned counsel for the applicants submits that general role has been assigned to all the accused. It has also been argued that the alleged injuries are simple in nature. There is delay in lodging the FIR. It is further contended that earlier the applicant side had lodged an FIR against the informant side. Hence, the applicant has been falsely implicated in this case to mount pressure upon him. As per injury report though some injuries are on vital part of the body of the injured but the same doctor has opined after visualizing the X-Ray report that all the injuries are simple in nature which were caused by the hard and blunt object while as per the informant spade and gandasa were used in commission of the alleged crime. The applicant has criminal history of one case which has been explained in paragraph-15 of the affidavit filed in support of the bail application. There is no likelihood of his abscondence or tampering with the evidence. The applicant is in jail since

12.06.2023. In case the applicant is enlarged on bail, he will not misuse the said liberty.

¶4Learned AGA and learned counsel for the informant have opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having regard to the facts, circumstances and the submissions made but without commenting on merits of the case, this Court is of opinion that the applicant is entitled to be enlarged on bail. Accordingly, the bail application is allowed.

¶6Let the applicant - Rohit, involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses.

(iv) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 CrPC may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him in accordance with law

¶7In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 12.10.2023 Shahroz High Court of Judicature at Allahabad