Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30285 of 2019 Applicant :- Monu Chauhan Opposite Party :- State Of U.P. Counsel for Applicant :- Uttam Singh Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Learned counsel for the applicant has filed supplementary affidavit, the same is taken on record.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. There is no clinching evidence regarding participation of the applicant in any act leading to the death of the victim. No specific role has been assigned nor was there any motive for committing any such offence. Allegations are specifically denied. Under similar circumstances, Sunil Dohre, Mohan Syam have already been admitted to bail by this Court in Criminal Misc. Bail Application No. 25993 of 2019, (Sunil Dohre Vs. State of U.P.) and Criminal Miscellaneous Bail Application No.27078 of 2019 vide order dated 01.07.2019 and 8.7.2019. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant is languishing in jail since 08.02.2019.
Learned A.G.A. has opposed prayer for bail.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant - Monu Chauhan involved in Case Crime No. 0110 of 2018, under Sections - 395, 304, 412 I.P.C. and 12/14 D.A.A. Act, Police Station - Kalinjer, District - Banda be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 30.7.2019 Raj