Allahabad High Court
Raju @ Rahul Bharti vs State Of U.P. on 8 January, 2021
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49486 of 2020
Applicant :- Raju @ Rahul Bharti
Opposite Party :- State of U.P.
Counsel for Applicant :- Rajendra Prasad
Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 672 of 2020, under Sections 307, 506, 509 IPC, P.S. Kotwali, District Ghaziabad.
Counsel for the applicant argues that the applicant has been falsely implicated in the present case and to demonstrate the said fact he argues that in the F.I.R. multiple wounds have been shown to have been inflicted by the applicant whereas the injury report shows that the injuries are simple in nature. He thus tries to dislodge the version of the informant. He further argues that the applicant has no criminal history, which fact has not been refuted by the learned A.G.A. The applicant is languishing in jail since 08.10.2020.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant by contending that there is no reason to falsely implicate the applicant, therefore, he does not deserve any benevolence. In case, the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail.
Considering the facts and circumstances of the case as well as the fact that the applicant is languishing in jail since 08.10.2020 and there is nothing on record to demonstrate that if the applicant is enlarged on bail would affect the trial adversely as well as considering the ratio of judgment of Hon'ble Supreme Court in the case of Data Ram Singh Vs. State of U.P. and Others, 2018 (3) SCC 32, without expressing any opinion on merit of the case, the applicant is entitled to be enlarged on bail.
Let the applicant Raju @ Rahul Bharti involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
1. The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
5. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 8.1.2021
S. Rahman
