Allowed

Amit @ Manoj Chauhan v. State of U.P.

Allahabad HC23 May 2019BAIL/19691/2019

Case brief

AI extract

What is this about?

Hon'ble Vivek Kumar Singh, J. discharged Amit @ Manoj Chauhan on bail in Criminal Misc. Bail Application No. 19691 of 2019. The applicant, charged under Sections 363 and 366 IPC, sought release citing false implication and victim's marital autonomy. The court granted bail with two sureties and directed the trial court to expedite the trial within six months.

What did the court decide?

Released on bail with personal bond and two sureties (one family member) under Sections 363, 366 IPC.

Amit @ Manoj Chauhan Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19691 of 2019

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Applicant :- Amit @ Manoj Chauhan Opposite Party :- State Of U.P. Counsel for Applicant :- Brijesh Kumar Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Brijesh Kumar Sharma, learned counsel for the applicant and Sanjay Singh, learned A.G.A.-I appearing for the State.

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This is the second bail application moved on behalf of applicant. The first bail application of the applicant was dismissed as not pressed vide order dated 11.10.2018 passed by this Court.

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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 next drawn the attention of this Court towards annexure-10 to the affidavit accompanying this bail application, which is the statement of the victim recorded under Section 164 Cr.P.C. wherein the victim herself had stated that she had gone with the co-accused Saddam and married him out of her own free will and further she wants to live with co-accused accused Saddam. 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 30.7.2018. It has been pointed out that the applicant has no criminal history.

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Learned A.G.A. opposed the prayer for bail.

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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

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and reformative theory of punishment the applicant is entitled to be released on bail in this case.

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Without expressing any opinion on the merits of the case let the applicant Amit @ Manoj Chauhan involved in Case Crime No.0125 of 2018 (Sessions Trial No.113 of 2018), under Sections 363, 366 I.P.C., Police Station Badlapur, District Jaunpur be released on bail on his furnishing a personal bond with two sureties ( one should of family member ) each in the like amount to the satisfaction of the court concerned with the following conditions.

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The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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The trial Court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible, preferably within a period of six months from the date of receipt of certified copy of this order, keeping in view the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India and another reported in AIR 2018 (SC) 2004 , if there is no legal impediment.

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Order Date :- 23.5.2019 Dev/-

Amit @ Manoj Chauhan v. State of U.P.

Case brief

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Amit @ Manoj Chauhan v. State of U.P.

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