Allahabad High Court
Rahil Tyagi @ Rohil vs State Of U.P. on 17 May, 2018
Bench: Aniruddha Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38747 of 2017
Applicant :- Rahil Tyagi @ Rohil
Opposite Party :- State Of U.P.
Counsel for Applicant :- Nafees Ahmad
Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged against four accused Arif, Rahil Tyagi, Kazim and Nazim alleging that on 18.2.2017 they assaulted Ramesh, husband of complainant with 'lathi-danda' and iron rod. He received 11 injuries(one abrasion, one lacerated wound and nine contusions) and died resultantly.
It is submitted by learned counsel for the applicant that co-accused Arif and Kazim have already been enlarged on bail by Juvenile Courts. Deceased died due to rupture of spleen and not by injuries caused by accused. He has been falsely implicated in the present case. He is languishing in jail since 19.2.2017(more than one year and three months) having no criminal history. There was no independent witness. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that the applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Rahil Tyagi @ Rohil involved in Case Crime No.66 of 2017, under Section 394, 411, 302, 120-B IPC, Police Station Singhavli Ahir, District Baghpat be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 17.5.2018
P.P.
