Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30903 of 2021 Applicant :- Kislay Chaudhary Opposite Party :- State of U.P.
Counsel for Applicant :- Sunil Kumar Singh Counsel for Opposite Party :- G.A.,Syed Imran Ibrahim
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Kislay Chaudhary in Case Crime No. 595 of 2019, under Sections 420, 465, 168, 471, 120-B IPC, Police Station-Surajpur, District-Gautam Budh Nagar.
Learned counsel for the applicant argued that the accused-applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 03.07.2021; he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail. Co-accused Abhimanyu Singh Badgujar in Crl. Misc. Bail Application no. 54615 of 2019 and co-accused Vijay Singh in Crl. Misc. Bail Application no. 52775 of 2019, have been enlarged on bail by the co-ordinate Bench of this Court, in this very case crime number; accusation against the applicant is that he moved a petition before Lucknow Bench, wherein, an order of protection was obtained, wherein, applicant has said himself to be married with informant, whereas, it was a fabrication and fraud; ultimately, when informant came to know about this petition, a recall application was moved, and the same order was recalled, whereas, no fraud was committed by the applicant; rather informant herself was a petitioner in above writ petition, wherein, protection was granted and she had moved recall application, wherein, no such contention was made, and ultimately, order was recalled; offence is exclusively triable by Magistrate Ist class, and applicant is in jail and he is a patient and admitted in hospital, which is there in the report of Superintendent of Jail filed at Page-12 of rejoinder affidavit, wherein, Magistrate, in the order dated 4.8.2021, has written about jail report; opportunity was taken for filing rejoinder affidavit, but rejoinder affidavit inspite of order of this Court, had not been filed; it is deliberate implication and lingering. Hence, bail has been prayed for.
Learned AGA as well as counsel for the informant has vehemently opposed with the contention that owing to some fault, counter affidavit could not be filed in time; applicant is a person, who has committed fraud and has filed writ petition with forged and factious documents and on the basis of this, above order was obtained; there is every likelihood of fleeing from course of justice and tempering with evidence in case of released on bail, hence, it be rejected.
Having heard and gone through materials placed on record, it is apparent that in recall order, no contention of any fraud or fabrication is there; offence is exclusively triable by Magistrate Ist class, and co-accused have been enlarged on bail by the co-ordinate Bench of this Court, as above.
Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant, Kislay Chaudhary, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co- operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 28.10.2021 Dhirendra/