Allahabad High Court
Ram Babu Rathor vs State Of U.P. on 1 August, 2019
Bench: Ajit Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30955 of 2019
Applicant :- Ram Babu Rathor
Opposite Party :- State Of U.P.
Counsel for Applicant :- Lakshman Singh
Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This is a bail application on behalf of the applicant in connection with Case Crime No. 535 of 2018, under Sections 420, 467, 468, 471 IPC and Section 3/7 Essential Commodities Act & Section 66 D of Information Act and Technology (Amendment) Act, P.S. Kotwali Jalaun, District Jalaun.
As per FIR, there is an allegation that the present applicant was also a fair price dealer and applicant alongwith other co-accused had taken food-grains on the basis of fictitious adhar card of the card holder.
The contention of the learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case. It is further contended that the co-accused Shiv Chaurasiya having similar role has already been enlarged on bail vide order dated 28.3.2019 passed by another Bench of this Court in Criminal Misc. Bail Application No.12466 of 2019 and co-accused Vaibhav Soni and Mohd, Ismail have already been enlarged on bail vide orders dated 2.7.2019 and 24.7.2019 passed by the another Bench of this Court in Criminal Misc. Bail Application Nos. 26227 of 2019 and 29696 of 2019. Lastly, he submitted that the applicant is languishing in jail since 5.7.2019 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned AGA has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Ram Babu Rathor be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 1.8.2019/Mini
