Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45534 of 2020 Applicant :- Manoj Chauhan @ Majanu Chauhan Opposite Party :- State of U.P.
Counsel for Applicant :- Akhilesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Manoj Chauhan @ Majanu Chauhan with a prayer to release him on bail in Case Crime No. - 175 of 2020, under Sections - 323 and 304 IPC, Police Station - Purani Basti, District - Basti, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) against FIR lodged on 17.6.2020, the applicant is in confinement since 20.6.2020;
(ii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(iii) the applicant has no criminal history;
(iv) charge-sheet has already been submitted yet there is no hope of early conclusion of the trial;
(v) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant, undisputedly, a scuffle had erupted between the parties primarily owing to the conduct of the deceased having made objectionable utterances in an inebriated state. Arising therefrom, both sides quarreled. They were challaned by the police on 15.6.2020. Thereafter, they were released upon furnishing bonds. The condition of the deceased deteriorated thereafter on 17.6.2020. He succumbed to injuries suffered. Thus, it has been submitted, the injuries were non-vital but deceased died due to lack of medical care. In any case, there was no intention to cause grievous hurt or loss of life.
(vi) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on his furnishing a personal bond and two heavy sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
7. It is made clear that, in the event of violation of any terms and conditions of the bail order or in the event of any attempt being made by the applicant to intimidate the witness or to tamper the evidence, informant shall be at liberty to file a bail cancellation application supported by the relevant material. That application if filed, may be taken up on priority.
Order Date :- 16.12.2021 Prakhar