Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34244 of 2019 Applicant :- Ram Naresh Chauhan Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohd. Shoeb Khan Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Ram Naresh Chauhan has prayed to release him on bail in Case Crime No.
211 of 2014, Case No. 3118 of 2016, under sections 436/323/504/506/427 IPC, P.S. Kubersthan, District Kushinagar.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this very case crime number, the chargesheet was filed for offence punishable under section 435 IPC, but cognizance was taken for offence under section 436 IPC, there had been some dispute regarding land in question for which accused-applicant has claimed his right on the basis of registered sale deed got executed in his favour. This false implication is owing to it and he is of no criminal antecedent. Hence bail has been prayed for during trial.
Learned AGA has vehemently opposed the bail application, but could not oppose the grant of bail. to co-accused (Ranjit Chauhan, Upendra Chauhan and Arjun Chauhan).
Under all above facts and circumstance, the nature of accusation, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Ram Naresh Chauhan, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 22.8.2019 Vikram