Chetan Rawat v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34620 of 2023 Applicant :- Chetan Rawat Opposite Party :- State of U.P. Counsel for Applicant :- Lavkush Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Heard counsel for the applicants and learned A.G.A. for the State-opposite party.

¶2The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicants on bail in Case Crime No. 241 of 2023, under Sections 380, 411 I.P.C., Police Station-Shahganj, District-Agra, during the pendency of the trial.

¶3Counsel for the applicants contends that the applicant was not named in the first information report. The applicant was arrested on 16.06.2023 along with two other persons and has been falsely implicated in the present case. False recovery of Rs. 3,50,000/-, ornaments of yellow & white metals and one mobile phone has been shown from the applicant. There is no independent witness to the alleged recovery. The recovered mobile phone belongs to the applicant. It is next contended that identically placed co-accused, Akash Rawat from whose possession Rs. 4,00,000/- was recovered and co-accused, Km Pooja, from whose possession Rs. 3,50,000/- was recovered, have been granted bail by this Court in Criminal Misc. Bail Application Nos. 36312 of 2023 and 41288 of 2023 vide orders dated 09.11.2023 and 05.10.2023. The applicant claim parity. The applicant is in jail since 16.06.2023, having no criminal history. In case he is enlarged on bail, he will not misuse the said liberty.

¶4Learned A.G.A. 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 there is no independent witness to the recovery. Identically placed co-accused, Akash Rawat from whose possession Rs. 4,00,000/- was recovered and co-accused, Km Pooja, from whose possession Rs. 3,50,000/- was recovered, have been granted bail by this Court. Further, the applicant has no criminal antecedents and has remained confined for more than five months and 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-Chetan Rawat, involved in 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.

¶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 :- 8.12.2023 Aditya High Court of Judicature at Allahabad