Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34325 of 2019 Applicant :- Farendra Singh Chauhan Opposite Party :- State Of U.P. Counsel for Applicant :- Ajay Dubey Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The submission is that the applicant is not named in the FIR nor in the statement of kidnaped boy. He was not arrested from the spot but 300 meters away from the place where the kidnapped boy was recovered. Later the police has assigned the role guard of the kidnapped boy to the applicant in the confessional statement of applicant and the co-accuseds. The applicant is in jail since 09.06.2019.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
After considering the rival submissions noted hereinabove, larger mandate of Article 21 of the Constitution of India and the material brought on record and without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant Farendra Singh Chauhan, be released on bail in Case Crime No. 558 of 2019, under Section 364-A of I.P.C., Police Station- Tajganj, District- Agra, on his furnishing a personal bond with 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 :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 22.8.2019 Rohit