Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9151 of 2016 Applicant :- Om Prakash Chauhan Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajnish Kumar Shahi,Raj Kishor Mishra Counsel for Opposite Party :- G.A.
Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant and learned A. G. A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 1212 of 2015, under Sections-302, 201, 120B IPC, Police Station-Kotwali Hata, District-Kushinagar and is in jail since 30.8.2015, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that Parveen son of the applicant had gone missing on 21.8.2015 and his dead body was recovered on 24.8.2015 and the postmortem of the deceased was conducted on the same day and after performing the last rites the father of the victim lodged an F.I.R. on 26.8.2015 alleging therein that his brother Chetak had told him that he had sent his son deceased with the applicant for taking him to the complainant's house. He next submitted that neither the statement of Chetak was recorded during investigation nor he has been nominated as a witness in the charge sheet. He further submitted that the entire F.I.R. version is hear say and there is no tangible or reliable evidence on record to prime facie connect the applicant with the crime in question. No incriminating article or material has been recovered either from the applicant's possession or on his pointing out. The applicant who is in jail and has no criminal antecedents to his credit, is entitled to be enlarged on bail.
The prayer for bail has vehemently been opposed by learned A.G.A.
Considering the submissions made by learned counsel for the parties, this Court is of the view that the applicant has made out a case for grant of bail.
In view of the above, let the applicant, Om Prakash Chauhan be released on bail in Case Crime No. 1212 of 2015, under Sections- 302, 201, 120B IPC, Police Station-Kotwali Hata, district- Kushinagar on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in with the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by his;
(b) 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.
Order Date :- 26.4.2018 MT**