The Court allowed the bail application of Karan Chauhan in a cheating case (IPC 411, 413, 414) after noting the gravity of the offence but finding it a fit case for bail for further hearing.
Applicant Karan Chauhan released on bail executing a personal bond and furnishing two sureties on specific conditions.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41953 of 2019
Applicant :- Karan Chauhan Opposite Party :- State Of U.P. Counsel for Applicant :- Majahar Ali,Rahul Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Karan Chauhan in connection with Case Crime No.111 of 2019, under Sections 411, 413, 414 I.P.C., P.S. Meerganj, District Jaunpur.
As per the first information the applicant was arrested along with other co-accused persons and one motor-cycle and other articles were recovered from the joint possession of both the accused persons.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that alleged recovered mobile phone is of the accused himself. He submitted that the applicant is languishing in jail since 11.08.2019 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Karan Chauhan involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 19.10.2019R./
1 issue framed by the court
Whether the bail plea of the applicant should be allowed on account of false implication.
Karan Chauhan
Ajit Singh
J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
