Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7666 of 2019 Applicant :- Rajesh Kumar Chaurasiya @ Toli Opposite Party :- State Of U.P.
Counsel for Applicant :- Praveen Kumar Singh,Syed Imran Ibrahim Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 9.8.2018 against five accused persons, namely Vishwanath Chaurasiya, Kamlesh Kumar @ Bantu Chaurasiya, Babloo Chaurasiya @ Prathmesh Chaurasiya, Rajesh Kumar Chaurasiya @ Toli and Atul Kumar Chaurasiya alleging that on 4.8.2018 they killed Arti Chaurasiya by setting her on fire pouring kerosene oil. Deceased was pregnant. Dying declaration was recorded on the same day, she stated that co-accused Mantu attempted to rape her and all accused persons told her, take rupees three lacs the leave the house. There is some dispute between the parties.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. According to dying declaration, main role was assigned to co-accused Mantu. Statement of several persons were recorded, they stated that deceased burnt at the time of cocking food. According to doctor note that injuries found on the body of deceased are accidental. After thought, the false story was developed with legal consultation due to previous enmity. Offences levelled against the applicant are not attracted in the present case. There is no intention or knowledge to kill the deceased. There is no independent witness and no legal evidence against the applicant. F.I.R. was lodged after five days of incident. He is languishing in jail since 12.9.2018 (more than five months) having 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 A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
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 applicant Rajesh Kumar Chaurasiya @ Toli involved in Case Crime No. 290 of 2018, under Sections 147, 326, 315, 302/34 IPC, Police Station Gopignaj, District Bhadohi be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
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.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 25.2.2019 A. Singh