Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34967 of 2018 Applicant :- Ankit Chauhan Opposite Party :- State Of U.P.
Counsel for Applicant :- Indra Kumar Chaturvedi Counsel for Opposite Party :- G.A.,Mayank Yadav
Hon'ble Harsh Kumar,J.
Heard Sri Indra Kumar Chaturvedi, learned counsel for the applicant and learned AGA, perused the record.
Learned counsel for the applicant contends that the applicant has been falsely implicated in the FIR lodged on 09.10.2017 in which, the applicant and Sandeep have been assigned with the role of causing fire arm injury in the head of Sri Rituparn, the father of the first informant; that the entire prosecution story is absolutely false and incorrect and is not corroborated by the medical evidence on record; that the postmortem report of deceased shows single fire arm injury to the deceased which belies the contention of causing of fire arm injury to him by Sandeep as well as the applicant; that in view of above controversy, the applicant may not be considered to be author of fatal injury caused to the deceased; that the co-accused Sandeep has been granted bail by this Court vide order dated 30.08.2018 passed in Criminal Misc. Bail Application No. 19332 of 2018, copy of which has been produced for perusal; that since the case of applicant is identical to co-accused Sandeep, he is also entitled for bail; that the applicant has explained his criminal history in paragraph nos. 33 to 35 of the affidavit given in support of the bail application; that the applicant undertakes that he will not misuse the liberty of bail; that the applicant is in custody since 02.11.2017.
Learned A.G.A. opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment, grant of bail to co-accused as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Ankit Chauhan be released on bail in Case Crime No. 638 of 2017 under Sections 147, 148, 149, 307, 302, and 506 I.P.C., P.S. Mawana District Meerut on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
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.
Order Date :- 26.11.2018 M. ARIF