The Single Judge granted bail to the applicant Ajeet Chahar in a criminal appeal proceedings. The applicant alleged false implication, and the court examined the evidence to decide on bail application.
Applicant released on bail with two sureties, each in like amount, subject to conditions of attending trial, no witness tampering, and no illegal activities.
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Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25871 of 2018
Applicant :- Ajeet Chahar Opposite Party :- State Of U.P. Counsel for Applicant :- Hitesh Pachori,Satendra Singh Counsel for Opposite Party :- G.A.,Deepak D,Rakesh Kumar Gupta
Hon'ble Vivek Kumar Singh,J.
Counter affidavit filed by learned A.G.A. today in the Court is taken on record.
Rejoinder affidavit filed by the learned counsel for the applicant today in the Court is also taken on record.
Heard learned counsel for the applicant and Sri Deepak Dubey, learned counsel for the complainant and Sri Sanjay Singh, learned A.G.A.-I 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. Learned counsel for the applicant has drawn the attention of this Court towards annexure-3 to the affidavit accompanying this bail application, which is the injury report of the injured wherein the injury sustained by the injured were on non-vital part of the body and found to be simple in nature. 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 1.6.2018. It has been pointed out that the applicant has no criminal history.
Learned counsel for the complainant as well as 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.
Without expressing any opinion on the merits of the case let the applicant Ajeet Chahar involved in Case Crime No.505 of 2018, under Sections 147, 148, 149, 307, 186, 332, 353, 323, 504 I.P.C. & Section 7 Criminal Law Amendment Act, Police Station Malpura, 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 :- 17.9.2018 Dev/-
3 issues framed by the court
Whether the applicant is entitled to be released on bail considering the nature of the accusation and evidence.
Whether the applicant has been falsely implicated due to ulterior motive.
What conditions are necessary for the grant of bail in a case involving Sections 147, 148, 149, 307, 186, 332, 353, 323, 504 IPC.
9 provisions across 1 enactments
Ajeet Chahar
State Of U.P.
Vivek Kumar Singh
As recorded by the court registry
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