The High Court allowed a criminal bail application filed by Rohit Chauhan against the State of U.P., citing lack of incriminating evidence recovery, denial of police claims, and reasonable apprehension of witness tampering.
Applicant Rohit Chauhan released on bail on a personal bond with two sureties each.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2147 of 2019
Applicant :- Rohit Chauhan Opposite Party :- State Of U.P. Counsel for Applicant :- Rajesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
Argument on behalf of the applicant has been extended to the effect that in this case, applicant is not named in the FIR. He further submits that the applicant is innocent and has been falsely implicated in this case. The applicant has no role to play in the commission of the offence. The police has planted false recovery against the applicant. Nothing incriminating has been recovered from the possession of the applicant. Factum of recovery is denied. In case, the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. Criminal history of the applicant has been satisfactorily explained by the applicant in paragraph no.7 to the affidavit filed in support of this bail application. The applicant is languishing in jail since 30.07.2018 in the present case.
The learned A.G.A. has vehemently opposed the prayer.
Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this
bail application is allowed.
Let the applicant- Rohit Chauhan involved in case crime no.1057 of 2017, under Sections 392, 411 IPC, Police Station Hari Parvat, district Agra be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 17.1.2019
Raj
2 issues framed by the court
Whether bail is appropriate in this case considering the allegations of false implication and planted recovery without incriminating evidence being recovered from the applicant.
Whether there is a reasonable apprehension of tampering with witnesses and a prima facie case established against the applicant.
Rohit Chauhan
State Of U.P.
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
