Arvind Rathore v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52073 of 2023 Applicant :- Arvind Rathore Opposite Party :- State of U.P. Counsel for Applicant :- Prabhat Kumar Tiwari Counsel for Opposite Party :- G.A.,Surendra Kumar Tripathi Hon'ble Vivek Varma,J.

¶1Heard learned counsel for the applicant and Sri Neeraj Kumar Sharma, learned AGA for the State-respondent.

¶2The instant bail application under Section 439 Cr.P.C. has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 874 of 2023, under Sections 395, 412, 459 IPC, Police Station Tajganj, District Agra, during the pendency of trial.

¶3Counsel for the applicant submits that the applicant was not named in the first information report. The applicant was arrested on 09.10.2023 and has been falsely implicated in the instant case. False recovery of a mobile phone has been shown from the applicant. There is no independent witness to the recovery. Recovery of Rs. 250/- has also been shown from the applicant. The said money belongs to him. The criminal history of the applicant has been explained in para 22 of the affidavit. The applicant is in jail since 10.10.2023 and in case he is enlarged on bail, he will not misuse the said liberty.

¶4Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having heard counsel for the parties and having perused the record, this Court prima facie finds that the applicant was not named in the first information report. There is no independent witness to the recovery. The applicant has remained confined for more than a month and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶6Let the applicant Arvind Rathore, involved in the aforesaid case be released on bail on his furnishing a personal bond and two heavy 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; and,

(iii) shall not pressurize the prosecution witnesses.

¶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 :- 5.12.2023 Lbm/- High Court of Judicature at Allahabad