Held the bail application allowed as the applicant was allegedly falsely implicated; order for release on personal bond and two sureties subject to standard conditions against tampering or influencing witnesses.
Released on personal bond and two sureties on conditions of appearing in court and not tampering with evidence or witnesses.
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Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16346 of 2022
Applicant :- Prem Kumar Rathor Opposite Party :- State of U.P. Counsel for Applicant :- Manish Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.683 of 2021 at Police Station-Kotwali Mainpuri, District-Mainpuri under Sections 420, 411 IPC. The applicant is in jail since 18.11.2021.
The bail application of the applicant was rejected by learned Sessions Judge, Mainpuri on 07.02.2022.
Shri Manish Yadav, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant was not named in the F.I.R. A number of ATM cards and Rs.1,10,000/- were planted on the applicant to frame him in this case to burnish the credentials of the police authorities. There is no independent witness to the recovery. The money belongs to the applicant. The recovered ATM cards have not been linked with the instant crime or any other fraudulent transactions. Prosecution evidence does not connect the applicant with the offence.
Explaining the criminal history of the applicant, learned counsel for the applicant contends that the applicant has become a soft target for the police authorities who have falsely framed him in a number of cases to burnish their credentials. The said criminal cases do not depict commission of any heinous crime by the applicant and have no bearing on the instant case. The applicant is not a flight risk and there is no possibility of his influencing witnesses, tampering with the evidence or reoffending.
Shri Paritosh Kumar Malviya, learned A.G.A. could not satisfactorily dispute the aforesaid submissions from the record. However, learned AGA points out that the applicant has criminal history of two more cases which was registered after the institution of the F.I.R.
Rejoining the issue, Shri Manish Yadav, learned counsel for the applicant submits that the applicant is in jail since 18.11.2021. He does not have any pairokar who can produce the full particulars of the case pending against him. However, relying on the records of the learned A.G.A. and on the basis of the instructions from his client, learned counsel for the applicant contends that the applicant has become a soft target for the police authorities. The
police authorities falsely framed him in the aforesaid case to burnish their credentials. The said criminal case does not depict commission of any heinous crime by the applicant and has no bearing on the instant case.
I see merit in the submissions of the learned counsel for the applicant and hold that the applicant is entitled to be enlarged on bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant-Prem Kumar Rathor be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness. (iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make 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 to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 19.5.2022 Ashish Tripathi
Digitally signed by ASHISH NAYAN TRIPATHI Date: 2022.05.20 15:32:23 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to be enlarged on bail in the pending criminal proceedings.
Prem Kumar Rathor
State of U.P.
Ajay Bhanot
Ashish Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
