Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45667 of 2019 Applicant :- Sunil Chauhan Opposite Party :- State of U.P.
Counsel for Applicant :- Santosh Kumar Singh Counsel for Opposite Party :- G.A.,Shashank Kumar
Hon'ble Saumitra Dayal Singh,J.
1. Supplementary counter affidavit filed by the informant. Taken on record.
2. Heard Sri Santosh Kumar Singh, learned counsel for the applicant; Shri Shashank Kumar, learned counsel for the informant as well as Sri Nagendra Kumar Srivastava, learned AGA for the State and perused the material placed on record.
3. The instant bail application has been filed on behalf of the applicant - Sunil Chauhan with a prayer to release him on bail in Case Crime No. 110 of 2019, under Sections 326, 504 IPC, Police Station - Dullahpur, District - Ghazipur, during pendency of trial.
4. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of causing grievous hurt, punishable with imprisonment of ten years;
(ii) against FIR lodged on 26.08.2019, the applicant is in confinement since 27.08.2019;
(iii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(iv) the applicant has no criminal history;
(v) though, it is not clear whether chargesheet has been submitted, however, no justification has been shown for continued indefinite detention of the applicant;
(vi) on prima facie basis only, it may be noted, according to the applicant, the injury has been caused by a blunt object and not by teeth bite as alleged. In any case, it has been submitted, the applicant is a petty tea vendor who has been falsely implicated owing to certain other disputes between the parties;
(vii) learned counsel for the informant and the learned AGA have objected to the grant bail, relying heavily on the extent of injury and the treatment being given to the victim. However, at present, purely on prima facie basis, it appears, at worst, the incident occurred on the spur of the moment and was not pre- meditated;
(viii) in any case, no reasonable apprehension has been brought to the fore by the State and/or the informant that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime 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:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 28.11.2019 AHA