The Court allowed bail to Pradeep Kumar Chahar in a criminal case under Sections 420, 414 IPC, holding the applicant entitled to release due to reasonable apprehension of witness tampering and reformative punishment theory.
Applicant released on bail on furnishing personal bond with two sureties subject to conditions.
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Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1228 of 2018
Applicant :- Pradeep Kumar Chahar Opposite Party :- State Of U.P. Counsel for Applicant :- Ashutosh Pandey Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Supplementary affidavit filed by the learned counsel for the applicant today in the Court is taken on record.
Heard Sri Ashutosh Pandey, learned counsel for the applicant and Sri Vikas Rana, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is further submitted that the applicant is innocent person who has been arrested on 22.10.2017 and after keeping in under the lockup he has been challaned on 6.11.2017 and the motorcycle of the applicant which was registered on the name of the applicant's wife has been shown as recovered motorcycle from the applicant, the said fact has been mentioned in para 6 of the affidavit accompanying this bail application. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 5.11.2017. It has been pointed out that the applicant has criminal history, which has been explained in para 10 of the affidavit accompanying this bail application as well as in the supplementary affidavit.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment the applicant is entitled to be released on bail in this case.
Let the applicant Pradeep Kumar Chahar involved in Case Crime No.522 of 2017, under Sections 420, 414 I.P.C., Police Station GRP Agra Cantt., District Agra be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 29.1.2018 Dev/-
1 issue framed by the court
Whether the applicant is entitled to be released on bail.
Pradeep Kumar Chahar
Vivek Kumar Singh
As recorded by the court registry
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