Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7802 of 2018 Applicant :- Nandu Chauhan Opposite Party :- State Of U.P.
Counsel for Applicant :- Gaurav Kumar Shukla,Harindra Prasad Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Vakalatnama has been filed by Shri Syed Imran Ibrahim, Advocate on behalf of complainant today in the Court, is taken on record.
Heard learned counsel for the applicant, learned counsel for complainant and learned A.G.A. for the State.
This bail application has been moved by the accused-applicant Nandu Chauhan who is involved in Case Crime No. 313/2017, under Sections 147, 148, 302, 506, 352, 452 and 34 I.P.C., Police Station- Ramnagar, District Varanasi.
As per prosecution version, on 31.08.2017 at about 8:00 p.m. applicant with other co- accused Govind, Bahadur, Nate, Brijesh, Prince, Smt. Sharda, Arvind, Vikas, Chandrabali, Suryavanshi and Gaate entered into the house of Javed Khan (informant) and on the exhortation of other accused persons Bahadur, Brijesh and Arvind stabbed knife to Jubed. Manjoor came to save him, then aforesaid accused stabbed him, due to which Manjoor became injured. Manjoor sustained knife injury and succumbed to knife's injury.
It is contended by learned counsel for the applicant that due to enmity applicant has been falsely implicated in the present case. The role of causing injury is assigned to co-accused Bahadur, Brijesh and Arvind. No over act has been assigned to applicant. Applicant has no criminal history.
Learned A.G.A. and learned counsel for complainant have opposed the prayer for bail and contended that applicant was present on the spot and he has taken part in the alleged occurrence.
The role of causing injury is assigned to co-accused Bahadur, Brijesh and Arvind.
Considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail.
Let the applicant Nandu Chauhan be released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the Magistrate/court concerned.
Accordingly bail application is allowed. Order Date :- 27.2.2018 Sharad/-