Allahabad High Court
Rohitash Kumar vs State Of U.P. And Another on 9 January, 2020
Author: Sanjay Kumar Singh
Bench: Sanjay Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 73 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51909 of 2019 Applicant :- Rohitash Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Pandey Counsel for Opposite Party :- G.A.,Ramesh Kumar Mishra Hon'ble Sanjay Kumar Singh,J.
Heard Sri Ashok Kumar Pandey, learned counsel for the applicant, learned AGA for the State, Sri Ramesh Kumar Mishra, learned counsel for the first informant and perused the record.
By means of this application, the applicant, who is involved in case crime no. 361 of 2019, under Sections 420, 406, 467, 468, 471, 504, 506 IPC, P.S. Chhijliate, District- Moradabad, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that the main allegations against the accused persons are that they by adopting different modus operandi extracted an amount of Rs. 6,00,000/- (rupees six lac only) from the informant on the assurance and promise to provide job in the cooperative department.
The main substratum of argument of learned counsel for the applicant is that there is no transaction of any amount in his account, even the date and time of giving the said amount have not been mentioned in the first information report. It is further submitted by learned counsel for the applicant that impugned first information report dated 27.9.2019 has been lodged as a counter blast to the application dated 7.9.2019 moved by the co-accused, Amit Chaudhary under Section 156(3) Cr.P.C. against Rinku, Aditaya, Jamshed and Dr. Rukhsar. On 19.12.2019, when this case was heard, learned counsel appearing on behalf of the first informant had argued that the amount which is mentioned in the FIR was transferred in the account of accused persons, therefore, on his request time was granted to the counsel for the first informant to apprise the Court that in which account of the applicant or other co-accused persons aforesaid amount was transferred by the informant, but despite sufficient time granted to him till date neither first informant has filed any counter affidavit nor disclosed the account number through which alleged payment has been made. Though, learned AGA has filed counter affidavit dated 17.12.2019, but in the said counter affidavit also no account number has been disclosed through which the alleged amount was transferred by the informant to the applicant. It is further submitted that applicant has been falsely implicated in the present case and he has no criminal history. The applicant is languishing in jail since 21.10.2019 and the applicant undertakes that in case he is released on bail, he will not misuse the liberty of bail and cooperate in trial.
Learned AGA has opposed the prayer of bail.
Considering the facts and circumstances of the case, keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Rohitash Kumar, 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 with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 9.1.2020 AK Pandey