Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25260 of 2021 Applicant :- Vijay Chauhan Opposite Party :- State of U.P.
Counsel for Applicant :- Satish Chandra Singh,Sharad Chandra Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Vijay Chauhan has prayed to release him on bail in Case Crime No. 33 of 2021, u/s 376, 323, 504, 506 I.P.C., P.S. Mishrauliya, District Siddharth Nagar.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent. He has been falsely implicated in this very case crime number and he is languishing in jail since 1.4.2021. He is of no criminal antecedent. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence, in case of release on bail. Occurrence was said to be of 27.3.2021 and report was got lodged on 30.3.2021. Cause of lodging this report was said to be a quarrel on 30.3.2021. Report of 27.3.2021 is not there. No medical report is there. Prosecutrix is of 34 years of age, as per her own statement recorded under Section 161 of Cr.P.C. The occurrence of 30.3.2021 is not narrated in statement recorded under Section 164 of Cr.P.C. It is a false concoction and implication. Hence, bail has been prayed for.
Learned AGA has vehemently opposed this fact that applicant is of no criminal antecedent and prosecutrix is major.
Having heard learned counsel for both sides and gone thorough the material placed on record as well as considering the nature of accusations, severity of the punishment in the case of conviction but 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, Vijay 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.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. 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.
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 :- 30.7.2021 Kamarjahan