Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7846 of 2018 Applicant :- Rajesh Chauhan Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Singh Counsel for Opposite Party :- G.A. Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against four accused persons including the applicant, namely, Rajesh, Virendra, Sumeeta and Sharda alleging that on 17.04.2009 they kidnapped the daughter of complainant Indrasan and compelled her for marriage; the F.I.R. was lodged on 09.07.2009 after more than two months without any explanation.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; there is no independent witness, the prosecutrix is major; the prosecutrix is living with the applicant as husband and wife and from their wedlock they got two children; the applicant was unknown about this case and charge-sheet was submitted as absconder when he came to know about this fact then he has moved bail application before the court and that was rejected; there is no evidence against the applicant; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is in jail since 17.01.2018 (more than one months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence the bail application is hereby allowed.
Let the applicant Rajesh Chauhan involved in Crime No. 1168 of 2018, in Case Crime No. 69 of 2009, under Sections 363, 366 I.P.C., P.S. Barwapatti, District Kushi Nagar be released on bail on her executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 27.2.2018/A. Tripathi