Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10664 of 2018 Applicant :- Dilip Chauhan And 2 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Dileep Kumar,M.S. Chauhan,Shivkumari Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Sri Dileep Kumar, learned counsel for the applicants, learned AGA and perused the record.
Contention raised at the Bar that the applicants have been falsely implicated in the present case. It has been further submitted that the present three accused i.e., Dilip Chauhan, Nagendra Chauhan and Satyendra Chauhan @ Sadhu Chauhan amongst other seven co-accused have been named in the FIR. As per allegations, general and generic role has been assigned of assaulting the victims Rajpal, Jagdish chauhan, Janardan Chauhan, Umesh Chauhan and Smt. Sushila Chauhan to all the accused persons named above, along with other co-accused Deep Chauhan, Langad Chauhan, Raju Chauhan and Ravindra Chauhan with Lathi, Danda and Pharsa. Victim Umesh Chauhan breathed his last on the following day of the incident. The post mortem examination report of the victim Umesh Chauhan reveals that he sustained two injuries over his head. Both the injuries are stitched wounds and the doctor also certified that there are two injuries on the vital parts of the carcass of the deceased Umesh Chauhan. Besides this, there are two other injured persons, who too had made similar allegations in their respective statements recorded under section 161 Cr.P.C., that all of the assailaints gave blows with their respective weapon to the injured person and who is the author of causing fatal injury to the victim Umesh Chauhan remained veiled. The applicants are in jail since 12.06.2017, without any criminal antecedent to their credit.
Learned AGA opposed the prayer for bail but could not dispute the aforesaid facts and the legal submissions as argued by the learned counsel for the applicants.
Keeping in view the nature of the offence, evidence, complicity of the accused, 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 applicants have made out a case for bail.
Let the applicants Dilip Chauhan, Nagendra Chauhan and Satyendra Chauhan @ Saduhu Chauhan, involved in Case Crime No. 693 of 2017, under sections 147, 148, 308, 324, 323, 504, 506 and 304 IPC, P.S. Rasra, District Ballia 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 which are being imposed in the interest of justice:-
(i) THE APPLICANTS SHALL FILE AN UNDERTAKING TO THE EFFECT THAT THEY SHALL NOT SEEK ANY ADJOURNMENT ON THE DATE FIXED FOR EVIDENCE WHEN THE WITNESSES ARE PRESENT IN COURT. IN CASE OF DEFAULT OF THIS CONDITION, IT SHALL BE OPEN FOR THE TRIAL COURT TO TREAT IT AS ABUSE OF LIBERTY OF BAIL AND PASS ORDERS IN ACCORDANCE WITH LAW.
(ii) THE APPLICANTS SHALL REMAIN PRESENT BEFORE THE TRIAL COURT ON EACH DATE FIXED, EITHER PERSONALLY OR THROUGH THEIR COUNSEL. IN CASE OF THEIR ABSENCE , WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST THEM UNDER SECTION 229-A IPC.
(iii) IN CASE, THE APPLICANTS MISUSE THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE THEIR PRESENCE PROCLAMATION UNDER SECTION 82 CR.P.C., MAY BE ISSUED AND IF APPLICANTS FAIL TO APPEAR BEFORE THE COURT ON THE DATE FIXED IN SUCH PROCLAMATION, THEN, THE TRIAL COURT SHALL INITIATE PROCEEDINGS AGAINST THEM, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC.
(iv) THE APPLICANTS SHALL REMAIN PRESENT, IN PERSON, BEFORE THE TRIAL COURT ON DATES FIXED FOR (1) OPENING OF THE CASE, (2) FRAMING OF CHARGE AND (3) RECORDING OF STATEMENT UNDER SECTION 313 CR.P.C. IF IN THE OPINION OF THE TRIAL COURT ABSENCE OF THE APPLICANTS ARE DELIBERATE OR WITHOUT SUFFICIENT CAUSE, THEN IT SHALL BE OPEN FOR THE TRIAL COURT TO TREAT SUCH DEFAULT AS ABUSE OF LIBERTY OF BAIL AND PROCEED AGAINST THEM IN ACCORDANCE WITH LAW.
(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANTS.
However, it is made clear that any wilful violation of above conditions by the applicants, shall have serious repercussion on their bail so granted by this court.
Order Date :- 27.3.2018 shailesh