Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25186 of 2016 Applicant :- Pradeep Chaurasia Alias Aman Chaurasia Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Gupta,Brijesh Sahai Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Supplementary affidavit, counter affidavit and rejoinder affidavit filed today are taken on record.
By means of this application the applicant Pradeep Chaurasia Alias Aman Chaurasia has prayed to release him on bail in Case Crime No. 431 of 2015 (Criminal Case No.3181 of 2015) under Section 302 IPC, Police Station Chiluatal, District Gorakhpur.
Heard Sri Brijesh Sahai, learned senior advocate assisted by Sri Manoj Kumar Gupta, learned counsel for the applicant, learned A.G.A. representing the State and perused the record.
Learned counsel for the applicant has submitted that the applicant is innocent and has not committed present offence. He has falsely been implicated in this case. Applicant is the second husband of the informant. None of the witnesses examined during trial, except the informant, has supported the prosecution case. At this stage, learned counsel has also referred to the statement of P.W.1 Munni Devi and argued that there is no chance of tampering the evidence or threatening the witness as almost all the witnesses of fact have been examined. Learned counsel has also referred to the postmortem report and argued that medical evidence does not corroborate the oral version. Cause of death of the deceased shown in the postmortem report is asphyxia. Thus, referring to the entire evidence collected during trial as well as the medical evidence, prayer for bail has been made, as the applicant is languishing in jail since 31.10.2015.
Learned A.G.A. opposed the prayer for bail and submitted that trial is at advance stage. Only formal witnesses are to be examined. Informant, who was all alone at the time of said offence and is an eyewitness account, has supported the prosecution case. Attention of the Court was also drawn towards postmortem report which lends corroboration to the prosecution version. A prima facie case is made out against the applicant. It is further submitted that the applicant is the author of the injury caused to the deceased and there is no good ground to take liberal view in the matter.
Looking to the nature of offence, its gravity and the evidence in support of it and the overall circumstances of this case, this Court is of the view that the applicant has not made out a case for bail. Therefore, the prayer for bail of the accused-applicant is rejected.
Order Date :- 31.7.2019 / ss