Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42317 of 2021 Applicant :- Nimesh Chauhan Opposite Party :- State of U.P.
Counsel for Applicant :- Ramesh Kumar Ojha Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Ramesh Kumar Ojha, learned counsel for the applicant, learned AGA for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during trial in connection with Case Crime No.356 of 2021, under Sections 147, 148, 149, 302, 120-B I.P.C., registered at Police Station-Atmadadaulla, District Agra.
It is submitted by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the present case. It is next submitted that FIR was lodged against the applicant along five other persons. It is next submitted that only role of exhortation has been assigned to the applicant. It is next submitted that role of firing has been accused to the co- accused Sunny Deol @ Chandrasen and the case of the applicant is distinguishable from the co-accused Sunny Deol @ Chandrasen. It is next submitted that the role of catching hold has been assigned to the co-accused Shivam @ Simma Nut, who has already been enlarged on bail by the co-ordinate Bench of this Court vide order dated 21.9.2021 passed in the Criminal Misc. Bail Application No. 30772 of 2021, the case of the applicant stands on better footing to the co-accused Shivam @ Simma Nut, hence the applicant is entitled for bail on the ground of parity.
It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. The applicant is in jail since 25.6.2021 having criminal history of two cases, which has been explained in paragraph no. 9 to the affidavit filed in support of the bail application, in which he is already enlarged on bail by the competent court and there is no likelihood of early conclusion of trial and hence, the applicant may be released on bail during pendency of trial.
Learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case. The bail application stands allowed.
Let the applicant- Nimesh Chauhan be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
6. The party shall file self attested computer generated copy of such order downloaded from the official website of High Court Allahabad.
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 case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 26.10.2021/Akbar