Rajan Chauhan @ Tiger v. State of U.P Thru. Prin. Secy. Home Deptt. Govt. Civil Secrt. Lko

Court No. -16 Case :-CRIMINAL MISC. BAIL APPLICATION No. -1858 of 2024 Applicant :-Rajan Chauhan @ Tiger Opposite Party :-State Of U.P Thru. Prin. Secy. Home Deptt. Govt. Civil Secrt. Lko. Counsel for Applicant :-Vibhanshu Srivastava Counsel for Opposite Party :-G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. Learned counsel for the applicant submits that the applicant has been falsely implicated by the police. No test identification parade has been conducted. False recovery of 10 motorcycle, 8 mobile, one laptop and jewellery has been made from the possession of the applicant as well as from the co-accused. There is no independent witness of the alleged recovery. The applicant is languishing in jail since 03.07.2020. Learned counsel for the applicant further submits that the co-accused Raj Kumar Singh who was assigned similar role has been enlarged on bail by this Court vide order dated 25.01.2021 passed in criminal misc. bail application No. 5684/2020. Learned counsel for the applicant seeks parity with the order of the co-accused. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned AGA has opposed the bail application submitting that the applicant has a criminal history of eight cases and out of those eight cases, in six cases, he has been convicted. Learned counsel for the applicant submits that in the cases he has been convicted, he has completed the term. On due consideration to the bail order of co-accused Raj Kumar Singh; period of incarceration gone into by the applicant as well as considering the fact that no test identification parade has been conducted, so also the judgments of the Apex Court passed in the cases of Prabhakar Tewari vs. State of Uttar Pradesh [AIRONLINE 2020 SC 96] and Javed Gulam Nabi Shaikh v. State of Maharashtra, 2024 SCC OnLine SC 1693, I find it to be a fit case for enlarging the applicant on bail on the ground of parity. Accordingly, the bail application is allowed. Let the applicant Rajan Chauhan @ Tiger, involved in Case Crime/FIR No. 256/2020, under Sections 41/411/413/420/473 IPC, Police Station -Dewa, District -Barabanki, 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 which are being imposed in the interest of justice:-

(i) The applicant will not tamper with the evidence during the trial.

(ii) The applicant will not pressurize/ intimidate the prosecution witness.

(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code. Order Date :- 18.12.2024 R.C. High Court of Judicature at Allahabad, Lucknow Bench