Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9209 of 2018 Applicant :- Deepak Chauhan Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Srivastava,Dr. C.P. Upadhyay Counsel for Opposite Party :- G.A.,Aditya Narayan Singh
Hon'ble Aniruddha Singh,J.
This case is listed today peremptorily.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. They admitted that no bail application of any co-accused is pending before this Court. Learned counsel for the complainant is not present.
According to prosecution case, FIR was lodged against four persons namely, Ram Prasad Chauhan @ Pali Doctor, Deepak Chauhan, Sri Kishun, Sri Ram Chauhan and 5-7 unknown persons alleging that on 18.7.2017 Ashish(son of complainant) was killed by assaulting mercilessly. He died sustaining three injuries(one ligature mark was found on neck, index & middle fingers of both hands were crushed and blood clot over old pigmented wound on the left ankle joint was found). Cause of death was found due to antemortem strangulation. During investigation it was found that there was love affair between Neha(daughter of Ram Prasad Chauhan @ Pali Doctor) and the deceased. Hence deceased was killed.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 11.8.2017(about two months) having no criminal history. He has been falsely implicated. The applicant is student of BHMS and due to family member, he has been falsely implicated. Nothing has been recovered at the pointing out of the applicant. There is no independent witness. There is no possibility to get this case decided in near future due to heavy work load in trial Court. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that the applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence 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 applicant Deepak Chauhan involved in Case Crime No.337 of 2017, under Section 147, 504, 506, 452, 302, 201, 394,342 IPC, Police Station Sarai Laknshi, District Mau be released on bail on furnishing a personal bond and two 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 court below shall be at liberty to cancel the bail.
Order Date :- 30.7.2019 P.P.