Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11909 of 2019 Applicant :- Chandan Kharwar Opposite Party :- State Of U.P. Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Counter affidavit filed today which is taken on record.
Heard learned counsel for the applicant learned A.G.A. for the State and perused the record.
It is submitted by learned counsel for the applicant that he is innocent and has been falsely implicated in the present case due to ulterior motive. He has further alleged that false allegation has been made as per version of complainant. The false allegations which have no corroboration from any fact as well as injury report. He further submits that in the case accused are summoned by learned Magistrate in a complaint case. The applicant has no criminal history and if the applicant is released on bail he shall not disobey the process of law. The applicant is languishing in jail since 26.02.2019.
Learned A.G.A. has vehemently opposed the prayer of bail application submitting that allegations against the applicants are serious in nature, and therefore, bail may not be granted.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicants have made out a case for bail.
Let the applicant- Chandan Kharwar, involved in Sessions Trial No. 140 of 2017 arising out of Complaint Case No. 95 of 2016, under Sections- 323, 504, 506, 354A, 376, 511 I.P.C. and 7/8, 18 POCSO Act, Police Station- Kothibhar, District- Maharajganj be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appears before the trial court on the date fixed.
(iv) The applicant shall report to the police station concerned in the first week of each month to show his good conduct and behaviour.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 29.5.2019 Rohit