Manish Chauhan v. State of U.P

Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47363 of 2023 Applicant :- Manish Chauhan Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

1.Supplementary affidavit filed today, is taken on record.

¶2List has been revised.

¶3Heard Sri Sunil Kumar, learned counsel for the applicant, Sri Deepak Kumar Singh, learned A.G.A. for the State and perused the material placed on record.

¶4Applicant seeks bail in Case Crime No. 200 of 2023, under Sections 323, 325, 457, 307, 380, 511 IPC, Police Station Surauli, District Deoria, during the pendency of trial.

¶5As per prosecution story, the applicant and some unknown persons are said to have opened the door of the house of the informant and tried to steal the cow from his house along with motorcycle on 03.09.2023 in mid night.

¶6Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present. Learned counsel for the applicant has stated that the FIR is delayed by three days. There is no explanation of the said delay caused. He further stated that applicant has no criminal antecedent to his credit. The victim has sustained fracture on tooth and jaw. The said injury is not on vital part. Learned counsel has stated that one of the treating doctor has stated that injuries were simple in nature, although another doctor has opined that the injuries were grievous in nature. The applicant is a young boy just about eighteen years of age. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. The applicant is languishing in jail since

13.09.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail.

¶7Learned A.G.A. has vehemently opposed the bail application.

¶8Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶9Let the applicant-Manish Chauhan, who is involved in aforementioned case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

(i) The applicant shall not tamper with evidence.

(ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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.

¶10In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶11It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 24.11.2023 Mukesh Kr. (Krishan Pahal,J.) High Court of Judicature at Allahabad