Allahabad High Court
Mathura Chauhan vs State Of U.P. on 19 January, 2021
Author: Pradeep Kumar Srivastava
Bench: Pradeep Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45612 of 2020 Applicant :- Mathura Chauhan Opposite Party :- State of U.P. Counsel for Applicant :- Ram Prakash Chauhan Counsel for Opposite Party :- G.A. and Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45997 of 2020 Applicant :- Ravindra Chauhan Opposite Party :- State of U.P. Counsel for Applicant :- Ram Prakash Chauhan Counsel for Opposite Party :- G.A. and Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45624 of 2020 Applicant :- Rajesh Chauhan Opposite Party :- State of U.P. Counsel for Applicant :- Ram Prakash Chauhan Counsel for Opposite Party :- G.A. Hon'ble Pradeep Kumar Srivastava,J.
Three bail applications arising out of same case crime number, thus they are being disposed of by a common order.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
These bail applications have been given by the accused applicants Mathura Chauhan, Ravindra Chauhan, Rajesh Chauhan in Case Crime No. 126 of 2020, under Sections 147, 148, 149, 323, 302, 34 I.P.C., P.S.- Barhaj, District Deoria.
Learned counsel for the applicants has submitted that the accused applicants have been falsely implicated in this case. It is submitted that in the F.I.R. seven persons were nominated and out of 6-7 persons Lalman Chauhan, Sadanand Chauhan, Awadhesh Chauhan have already been granted bail by the coordinate Bench of this Court vide orders dated 8.12.2020 in Crl. Misc. Bail Application nos. 38040 of 2020, 38084 of 2020 and 38152 of 2020 respectively. It is further submitted that it has come in the evidence of eye witness that fatal injury has been given by accused Vishwanath on the head of the deceased and post mortem report discloses that the deceased has died because of head injury. It is submitted that because fatal injury has not been caused by these accused applicants and three accused persons have already been granted bail, thus, on the basis of parity also, the applicants are entitled to be released on bail. Further submission is that there is no criminal history of the accused applicants and charge-sheet has already been filed after police investigation and applicants are prepared to furnish sureties and bonds, therefore, there is no possibility of their either fleeing away from the judicial process or tampering with the evidence. Applicants Mathura Chauhan and Ravindra Chauhan are languishing in jail since 21.6.2020 and applicant Rajesh Chauhan is in jail since 23.6.2020 and undertake that they will not misuse the liberty of bail, if granted and cooperate in trial.
Learned A.G.A. has vehemently opposed the prayer of bail. However, he has not disputed the aforesaid facts except that in respect of accused applicants Ravindra Chauhan and Rajesh Chauhan it has been submitted that on their pointing Lathi was recovered, which was blood stained.
Having heard the submission of learned counsel of both sides, considering the fact that the accused who has caused fatal injury on the head of the deceased has been specified by the witnesses and accused applicants have not played any major role but only supportive role in the process of commission of offence, considering their case to be supportive case and three accused persons have already been granted bail, without commenting on the merits of the case, I find it to be a fit case for bail.
Let applicants Mathura Chauhan, Ravindra Chauhan, Rajesh Chauhan be released on bail in aforesaid case crime on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/ court concerned, subject to following conditions:-
(i) The applicants will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicants will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicants will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicants to prison.
Order Date :- 19.1.2021 Dhirendra/