Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2879 of 2021 Applicant :- Satendra Chauhan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.103 of 2020, under Sections 323, 363, 376D I.P.C. and Section 3/4 P.O.C.S.O. Act, Police Station Gahmar, District Ghazipur during the pendency of trial.
As per prosecution case in brief, informant (father of victim) lodged and F.I.R. on 13.05.2020 regarding an incident which took place on 13.05.2020 against five accused persons, namely, Shivansh Pandey, Sonu Yadav, Prakash Pandey, Sonu Rai and Satendra Chauhan under Sections 323, 363,, 376-D I.P.C. and Section 3/4 P.O.C.S.O. Ac.
It is argued by learned counsel for the applicant that identically situated co-accused Sonu Yadav and Sonu Rai have been granted bail by the co-ordinate Bench of this Court vide orders dated 18.06.2021 and 25.06.2021 in Criminal Misc. Bail Application Nos.8933 of 2021 and 7482 of 2021 and the present applicant stands on similar footing to that of co-accused who have been granted bail. It is next submitted that in the trial the victim was examined as P.W.-2 but she did not support the prosecution case. Applicant has no criminal history and he is languishing in jail since 14.05.2020. Learned counsel for the applicant lastly submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but does not dispute the fact that identically situated co-accused, Sonu Yadav and Sonu Rai have been granted bail.
Keeping in view the nature of offence, evidence, complicity of the accused, submissions of learned counsel for the parties, considering the fact that under similar accusation co-accused, Sonu Yadav and Sonu Rai have been granted bail by co- ordinate Bench of this Court, I am of the view that the applicant is also entitled to be released on bail on the ground of parity. Hence, the bail application is hereby allowed.
Let the applicant - Satendra Chauhan be released on bail in the aforesaid case crime number on 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 not temper with the evidence during trial.
(ii) The applicant shall not pressurize/intimidate the prosecution witness.
(iii) The applicant shall appear before the trial Court on the date fixed.
(iv) In case of misuse of any condition during trial, the concerned Court below shall be at liberty to cancel the bail.
(v) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(vii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 16.8.2021 Atul