Hearing a bail application, the court allowed release on bond after noting the applicant had no criminal history and reasonable fear of witness tampering, imposing strict attendance conditions.
Applicant released on personal bond and two sureties with conditions regarding attendance and conduct during trial.
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Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12366 of 2017
Applicant :- Vipin Chauhan Opposite Party :- State Of U.P. Counsel for Applicant :- Harindra Prasad,Satish Solanki Counsel for Opposite Party :- G.A.,Ch. Arvind Kumar
Hon'ble Mrs. Rekha Dikshit,J.
Heard Shri Satish Solanki, learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant submitted that accused applicant has falsely been implicated in the present case. The accused-applicant is languishing in jail since 22.12.2016. It is next submitted that the applicant has no criminal history. It is further submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Without expressing any opinion on the merits of the case and 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, the applicant is entitled to be released on bail in this case.
Let the applicant, Vipin Chauhan, involved in Case Crime No.1138 of 2016, under Sections 420, 467 and 468 IPC and Section 138 of Negotiable Instruments Act, Police Station - Kotwali Dehat, District - Bulandshahar, 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 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.
(ii) 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.
(iii) 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.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) 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.
Order Date :- 5.4.2018 KR
2 issues framed by the court
Whether the applicant is entitled to bail given the nature of accusation and prima facie satisfaction of the court.
What bail conditions are necessary to prevent fleeing or tampering with witnesses.
4 provisions across 2 enactments
Vipin Chauhan
State Of U.P.
Rekha Dikshit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
