Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43667 of 2021 Applicant :- Awadhesh Singh Chauhan Opposite Party :- State of U.P.
Counsel for Applicant :- Praveen Kumar Singh,Anurag Vajpeyi Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
Facts in brief are that on 19.4.2021 deceased aged about 30 years went to a village at about 8:00 p.m. He did not return to his home even in the late night. On search his dead body was found in the way within the limits of Kushdehra on 20.4.201. An FIR was lodged by father of the deceased against unknown person on the same day. During investigation, name of this applicant was brought into light.
It is submitted that applicant is innocent and he has falsely been implicated in the present case. He has not committed any offence. There is no any evidence on record to show the involvement of this applicant in commission of murder of deceased. Further submitted that applicant has been implicated in this case on the basis of statement of Subhash Paswan after three months of incident and hearsay evidence of Lov Singh Chauhan who is brother of deceased and son of informant after three and half months. No recovery has been made from the possession of this applicant. Criminal history against the applicant is related to minor offences which has already been explained. The applicant is languishing in jail since 20.8.2021 and in case he is released on bail, he will not misuse the liberty of bail and will co- operate in trial.
Learned A.G.A. opposed the prayer for bail and urged that applicant has committed murder of deceased who has been identified by Subhash Paswan and his conversation heard by Lov Singh Chauhan, therefore, he is not entitled for bail.
Considering the facts and circumstances of the case, submissions of the learned counsel for the parties, the nature of evidence on record and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant - Awadhesh Singh Chauhan involved in Case Crime No. 34 of 2021, under Section 302 I.P.C., Police Station Shahabganj, District Chandauli, be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any 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 or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 24.12.2021 Arif