Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 375 of 2018 Applicant :- Rohit Singh Chauhan Opposite Party :- State Of U.P.
Counsel for Applicant :- Kishore Gaurav Kulshresth,Narendra Kumar Counsel for Opposite Party :- G.A.,Satya Prakash
Hon'ble Mrs. Rekha Dikshit,J.
Heard learned counsel for the applicant, Shri Satya Prakash, learned counsel for the complainant, learned AGA for the State and perused the record.
It has been contended by the learned counsel for the applicant that there is allegation against the accused applicant that he impersonating himself as Professor had taken Rs. 22.00 lacs as cash and Rs. 6,30,000/- through cheque no. 070375 from the complainant for providing admission of his son in MBBS course. He and coaccused prepared forged documents in this regard. It is submitted that the alleged payment of Rs. 22.00 lacs by the complainant is highly improbable for the reason that such a huge amount has been given but there is no disclosure of source from where the complainant has availed the said money and how he gave the same to the accused applicant whereas he has never received any money from the complainant. It is further submitted that accused applicant is not named in the first information report. His name came into light on the basis of information given by Mukhvir Khas. No specific role has been assigned to the accused applicant. The accused applicant had never met with the complainant or with the witnesses regarding admission of son of complainant in medical college. No single incriminating material has been recovered from the possession of the accused applicant, which could establish any connection with the alleged offence. Thus, the accused applicant has falsely been implicated in the present case. He is languishing in jail since 12.9.2017. It is further submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned counsel for the complainant, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant Rohit Singh Chauhan involved in Case Crime No. 1775 of 2016, under Sections 420,467,468,469 and 471 IPC, Police Station Sahibabad, District Ghaziabad be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when 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.
(ii) 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.
(iii) In case, the applicant misuses the liberty of bail during trial 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.
(iv) 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 absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 25.4.2018 GSY