Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23193 of 2015 Applicant :- Heera Singh Chauhan Opposite Party :- State Of U.P.
Counsel for Applicant :- O.P. Shukla,Beni Madhav Pandey,Rajesh Kumar Srivastava Counsel for Opposite Party :- Govt. Advocate,K.S.Pathak
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant-Heera Singh Chauhan in S.T. No.657 of 2014 arising out of Case Crime No.89 of 2014, under Sections 393, 302 and 201 I.P.C., Police Station Khiri, District- Allahabad with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant is stated to have caused injuries to the deceased by stones and co-accused, Surendra Kumar Chauhan by chopper. It is stated that as per the post mortem report the deceased had sustained incised wound as well as injuries caused by blunt object. It is pointed out that co-accused, Surendra Kumar Chauhan has been enlarged on bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No.43578 of 2014 vide order dated 11.12.2014. It is further submitted that the applicant is languishing in jail for past about five years and till date only PW 1 has been examined as is reflected from certified copy of the order-sheet annexed with the supplementary affidavit. So, the applicant may also be released on bail.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant-Heera Singh Chauhan be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
However, the trial court is directed to expedite the trial of aforesaid case and conclude the same in accordance with law without granting unnecessary adjournments to either of the parties as expeditiously as possible preferably within a period of six months from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 25.2.2019 MN/-