Sohit Chaudhary v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46067 of 2023 Applicant :- Sohit Chaudhary Opposite Party :- State of U.P. Counsel for Applicant :- Shekhar Gangal Counsel for Opposite Party :- G.A.,Kalyan Sundram Srivastava Hon'ble Vivek Varma,J.

¶1Sri Kalyan Sudaram Srivastava, Advocate has filed his Vakalatnama on behalf of the informant, the same is taken on record.

¶2Heard learned counsel for the applicant, Sri Kalyan Sudaram Srivastava, learned counsel for the informant and learned AGA for the State-respondent.

¶3The instant bail application under Section 439 Cr.P.C. has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 553 of 2023, under Section 147, 148, 149, 307, 34, 504, 506 IPC, Police Station Khair, District Aligarh, during the pendency of trial.

¶4Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. As per the allegations in the first information report, four persons including the applicant are alleged to have caused fire arm injuries upon Piyush Kumar. As per the medical report, the injured received fire arm injuries on his right elbow, left leg, right chest and right hand. Even in the statement of the injured, no specific role has been assigned to the applicant. The author of the said injuries are not known. Except the confessional statement of co-accused Narendra in police custody, there is no cogent evidence against the applicant. A vague and general role has been assigned to the applicant. The applicant has not been nominated as the principal offender, who caused the injury upon the right chest of the injured. The criminal history of the applicant has been explained in para 13 of the affidavit. The applicant is in jail since 27.07.2023 and in case he is enlarged on bail, he will not misuse the said liberty.

¶5Learned AGA and learned counsel for the informant have opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶6Having heard counsel for the parties and having perused the record, this Court prima facie finds that a vague and general role has been assigned to the applicant. The applicant has not been nominated as the principal offender who caused injury on the right chest of the injured. The other injuries are on non vital part of the body. Further, the applicant has remained confined for more than three months and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶7Let the applicant Sohit Chaudhary, involved in the aforesaid case 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 subject to the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses.

¶8In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 1.11.2023 Lbm/- High Court of Judicature at Allahabad