Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22901 of 2019 Applicant :- Bhuwar Chaudhary Opposite Party :- State Of U.P.
Counsel for Applicant :- Adya Prasad Tewari,Shahnawaz Khan Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Bhuwar Chaudhary seeking bail in Case Crime No. 54 of 2019, under Sections 379, 411, 413 IPC and section 26 Forest Act P.S. Chowk, District Mahrajganj.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has next submitted that the accusation of recovery of seven logs of teak wood is alleged to have been made from the pointing of the applicant but no identification was carried out to establish the fact that the said logs of teak wood belonged to the Forest Department nor there was any independent public witness of the alleged recovery. Learned counsel for the applicant has next submitted that the co-accused, Rajkumar Bharti has already been granted bail by this Court in Criminal Misc. Bail Application No. 20240 of 2019 vide order dated 14.5.2019.
It is lastly submitted that the applicant has no other criminal history to his credit and the applicant is in jail since 5.4.2019 and in case the applicant is released on bail he will not misuse the liberty of bail and will cooperate in trial..
Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Bhuwar Chaudhary be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 30.5.2019 R