Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8949 of 2019 Applicant :- Rakesh Chauhan Opposite Party :- State Of U.P.
Counsel for Applicant :- Shabana Nizam,Rajendra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Rakesh Chauhan seeking bail in Case Crime No. 64 of 2017, under Sections 147, 148, 323, 325, 504, 506, 452, 308 IPC, Police Station Rani Ki Sarai, District Azamgarh.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has next submitted that in respect of the present incident, FIRs have been lodged from both the sides and both the sides have received injuries. From the side of the applicant, one person has suffered injuries, whereas from the side of the first informant, three persons have suffered injuries.
Learned counsel for the applicant has next submitted that who, out of the two rival groups, is the aggressor, cannot be determined at this stage.
Learned counsel for the applicant has next submitted that the applicant is in jail since 5.2.2019 and had surrendered before the court below on 21.1.2019 and was on interim bail and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that the FIRs have been lodged from both the sides and both the sides have received injuries and the applicant is in jail since 5.2.2019.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Rakesh Chauhan be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable heavy sureties (one family member) of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
The trial court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible preferably within a period of six months from the date of receipt of certified copy of this order, keeping in view of the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India and another, report in AIR 2018 (SC) 2004, if there is no other legal impediment.
Order Date :- 28.2.2019 R