Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11191 of 2018 Applicant :- Deepak Chauhan Opposite Party :- State Of U.P.
Counsel for Applicant :- Sher Bahadur Yadav Counsel for Opposite Party :- G.A.,Jai Prakash Singh
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned counsel for the complainant and learned AGA for the State. Perused the record.
According to prosecution case, FIR was lodged against five accused persons namely, Sri Niwas, Kaushalya, Deepak, Pooja Chauhan and Suraj Chauhan alleging that on 22.6.2017 they assaulted Srree Ram Chauhan, Bhism, Urmila and Dhananjaya with sticks(lathi-dandas), fists and kicks. Shree Ram Chauhan received three head injuries and died resultantly. Urmila got her right forearm fractured.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 26.6.2017(one year five months) having no criminal history. He has been falsely implicated. Co-accused Pooja Chauhan alias Sushma Chauhan has already been enlarged on bail by coordinate Bench of this Court vide order dated 12.10.2017 passed in Criminal Misc. Bail Application No.35386 of 2017 (Bail order is at page 52 of bail application). There is no independent witness. It is further contended that in the statement recorded under section 161 Cr.P.C. main role of causing injury to the deceased is assigned to accused Sri Niwas. No offence under section 308 IPC is made out against applicant Deepak. 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 and counsel for the complainant opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. Learned AGA 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.170 of 2017, under Section 147, 323, 504, 506, 452, 427, 308, 304 IPC, Police Station Jiyanpur, District Azamgarh 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 :- 28.11.2018 P.P.