Hon'ble Court granted interim bail to the applicant, Shekhar Chauhan, in a criminal case involving theft and criminal misappropriation, pending trial court's final decision on bail, subject to standard conditions.
Release on bail via personal bond and two sureties subject to specified conditions.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27813 of 2019
Applicant :- Shekhar Chauhan Opposite Party :- State Of U.P. Counsel for Applicant :- Rajesh Kumar Srivastava,Virendra Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 434 of 2017, under Sections 395, 397, 342 and 412 I.P.C., P.S. Lohamandi, district-Agra, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the applicant was not named in the first information report. His name as an accused in the present case came into light for the first time in the confessional statement of co-accused. The recovery of Rs. 5,000/- which has been shown from the applicant's possession was false one. There was no independent witness of the alleged recovery. No identification parade was conducted. Further submission is that the other co-accused namely, Abhishek and Ashok Kumar have already been granted bail by another Bench of this Court vide orders dated 12.2.2018 and 13.2.2018 passed in Criminal Misc. Bail Application Nos. 5104 of 2018 and 5621 of 2018, copy whereof has been filed as Annexure-5 to the affidavit accompanying the bail application.
He lastly submitted that the applicant has no criminal history. He is languishing in jail since 31.5.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Shekhar Chauhan be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 434 of 2017, under Sections 395, 397, 342 and 412 I.P.C., P.S. Lohamandi, district-Agra subject to 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 :- 12.7.2019 Faridul
1 issue framed by the court
Whether the applicant is entitled to bail during the pendency of the trial in a case involving Sections 395, 397, 342 and 412 IPC.
Shekhar Chauhan
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
