Allowed

Suneel Chauhan v. State of U.P.

Allahabad HC18 Aug 2018BAIL/30919/2018

Case brief

AI extract

What is this about?

Court granted bail to Suneel Chauhan in a bail application under Sections 354-A, 323, 504, 506, 376-D IPC and 66B IT Act. The court relied on the fact that a co-accused has already been granted bail and the applicant has no criminal history, though no merits were assessed.

What did the court decide?

Applicant Suneel Chauhan released on bail subject to personal bond with two reliable sureties and conditions not to tamper with evidence or pressurize witnesses.

Suneel Chauhan Vs State of U.P. — Cheque Dishonour | Allahabad HC (2018)

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Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30919 of 2018 Applicant :- Suneel Chauhan Opposite Party :- State Of U.P. Counsel for Applicant :- Shri Ram (Rawat),Archana Kumari,Giri Ram Rawat Counsel for Opposite Party :- G.A.

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Hon'ble Rajul Bhargava,J.

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Heard Sri Shri Ram (Rawat), learned counsel for the applicant and the learned A.G.A. for the State and perused the record.

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The present bail application has been filed by the applicant-Suneel Chauhan in Case Crime No.186 of 2017, under Sections 354-A, 323, 504, 506, 376-D I.P.C. and 66B of I.T. Act, Police Station Gambhirpur, District-Azamgarh with the prayer to enlarge him on bail.

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The submission of the learned counsel for the applicant is that co- accused, Arvind Chauhan against whom the victim had levelled allegation of rape in her statement recorded under Section 164 Cr.P.C, has been granted bail by this Court by a detailed order dated 12.7.2018 passed in Criminal Misc. Bail Application No.25695 of 2018. He has further submitted that only role assigned to the applicant is of extending threats to the victim.His case stands on better footing than that of co-accused who has already been granted bail. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 23.05.2018, having no criminal history to his credit, deserves to be released on bail.

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Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.

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Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.

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Let applicant-Suneel Chauhan be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-

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1.The applicant shall not tamper with the prosecution evidence;

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2.The applicant shall not pressurize the prosecution witnesses;

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3.The applicant shall appear on the date fixed by the trial court.

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In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.

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Order Date :- 18.8.2018

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MN/-

Suneel Chauhan v. State of U.P.

Case brief

What is this about?

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Suneel Chauhan v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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