Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52350 of 2019 Applicant :- Rahul Chauhan Opposite Party :- State of U.P.
Counsel for Applicant :- Janardan Yadav Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for applicant as well as learned A.G.A. for the State and perused the record.
This bail application has been filed by the applicant seeking bail in Case Crime No.263 of 2018, under section 304 IPC, P.S. Mohammadabad, District Mau.
Learned Counsel for the applicant has submitted that the FIR has been lodged on 30.06.2018 at 05:50 PM in respect to an incident which is said to have taken place on 26.06.2018 at 07:00 P.M. There is no explanation for delay in lodging the FIR. In the FIR general allegations for committing Mar-Pit has been assigned. As per postmortem report three injuries have been found on the person of the deceased which are not on vital part and the cause of death of the deceased could not be ascertained, therefore, viscera was preserved. In viscera report no poison has been found to the deceased. The applicant has falsely been implicated in the present case due to enmity. The applicant is in jail since 17.09.2019. The applicant has no criminal history and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in trial.
Learned Counsel for the applicant again submitted that the co- accused Ashish Chauhan has already been enlarged on bail by this Court vide order dated 18.11.2019 passed in Criminal Misc. Bail Application No.50406 of 2019.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts.
Keeping in view the nature of the offence, arguments advanced by learned counsel for the parties and without expressing any opinion on merits, I am of the view that it is fit case for bail.
Let the applicant Rahul Chauhan be released on bail in Case Crime No.263 of 2018, under section 304 IPC, P.S. Mohammadabad, District Mau on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:
(1) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence, if the witnesses are present in Court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law;
(2) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;
(3). In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(4) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
Order Date :- 27.11.2019 akverma