Ravi Foghat Vs State of U.P.

Court No. - 83

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6581 of 2023

Applicant :- Ravi Foghat Opposite Party :- State of U.P. Counsel for Applicant :- Atul Srivastava,Mohd. Farooq Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised.

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Heard Sri Mohd. Farooq, learned counsel for the applicant as well as Sri V.K.S. Parmar, learned AGA for the State and perused the material placed on record.

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The instant bail application has been filed u/s 439 of Cr.P.C. on behalf of the applicant with a prayer to release him on bail in Case Crime No.133 of 2022, under Sections 302, 120-B, 34 of IPC, Police Station Rohata, District Meerut, during the pendency of trial.

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As per prosecution story, the death of the wife of the informant is stated to have been caused by three unknown assailants who had come on a motorcycle on 22.08.2022 at about 06:00 PM.

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It is submitted by the learned counsel for the applicant that he has been falsely implicated in the present case. He has nothing to do with the said offence. The police had taken the CDRs of several persons and on the basis of the said CDRs, three accused persons, namely, Surendra Upadhyay, Smt. Rajesh and Pollard have been implicated in the case. Learned counsel has further stated that there is no evidence against the applicant except the statement of co-accused Smt. Rajesh which is not admissible under the Indian Evidence Act. The criminal history assigned to the applicant has been explained in para-40 of the affidavit filed along with bail application. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false

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implication of the accused have also been touched upon at length. The applicant is languishing in jail since 16.09.2022, deserves to be released on bail. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with the trial.

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Per contra, learned A.G.A. has vehemently opposed the bail prayer of the applicant but unable to dispute the submissions raised by the learned counsel for the applicant.

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Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, nature of offence, evidence on record, stage of trial and considering the complicity of accused, severity of punishment, at this stage, without expressing any opinion on the merits of the case, I find it a fit case for releasing the applicant on bail.

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Without expressing any opinion on the merits, the bail application is allowed . Let the applicant Ravi Foghat involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

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