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2019 DIGILAW 550 (ALL)

Rajesh Rathaur v. State of U. P.

2019-02-28

SHASHI KANT

body2019
JUDGMENT : Shashi Kant, J. 1. Heard Shri S.A. Khan, learned Counsel for the applicant, Shri Ajay Kumar Goel, learned A.G.A. for the State of U.P. and perused the record. 2. The present bail application has been filed on behalf of the applicant in Case Crime No. 363 of 2013 under sections 419, 420, 467, 468 I.P.C., Police Station - Vibhuti Khand, District-Lucknow, with the prayer to enlarge him on bail. 3. The submissions of learned Counsel for the applicant are that the applicant is innocent person and has been falsely implicated in the case and in jail since 11.6.2014. It is further submitted on behalf of applicant that the applicant is Director of Persist Real Estate Group and about 80 FIRs have been lodged against him. Among which he has been granted bail in some cases by the Court of Sessions and in some cases from this Court. Offences are triable by Magistrate, in these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail. 4. Learned A.G.A. has opposed the prayer for grant of bail to the applicant on the ground that like nature 106 cases are pending against the applicant and he is not entitled for bail, but has fairly conceded that in some cases he has been granted bail. 5. During arguments, learned Counsel for the applicant has placed photocopies of bail orders, which are taken on record. 6. Considering the rival submissions of learned Counsel for parties, material available on record as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail. 7. Let applicant Rajesh Rathaur be released on bail in Case Crime No. 363 of 2013 under sections 419, 420, 467, 468 I.P.C., Police Station - Vibhuti Khand, District - Lucknow, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the Court concerned subject to following conditions:-- (1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail. (2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court. (3) Applicant shall remain present, in person, before the Trial Court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under section 313 Cr.P.C. (4) During pendency of the aforesaid case, the applicant shall appear on 1st and 15th day of each month before the Police Station concerned to get his attendance registered. 8. Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail. 9. A copy of this order shall be provided to the learned A.G.A. for information and necessary compliance.