This court granted bail to the applicant Ghure Chauhan in a murder case. The judgment notes that other co-accused had already been granted bail and finds no grounds to deny relief at this stage.
Applicant Ghure Chauhan released on bail by furnishing personal bond and two sureties in like amount.
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Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5970 of 2019
Applicant :- Ghure Chauhan Opposite Party :- State Of U.P. Counsel for Applicant :- Alok Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contends that applicant has been falsely implicated for causing death of Ramesh Kumar, son of first informant; that as per averments made in FIR, Ramesh (deceased) was fetched by co-accused Ramgyan Chauhan and Abhishek Chauhan, sons of applicant in the night of 27.5.2018 and on 28.5.2018 his dead body was found hanging with Mango tree; that postmortem report of deceased states his death due to multiple ante mortem injuries; that in this case based on circumstantial evidence there is no incriminating evidence against applicant; that statements of police witnesses Bhavnath Singh, Murad Hasan and Ghaneshwar Tiwari are absolutely false and incorrect; that recovery of piece of rope after 13 days of incident at joint pointing of all four accused persons has been falsely planted of which there is no independent witness; that co-accused Bodami Devi, wife of applicant and co-accused Abhishek Chauhan and Ramgyan Chauhan, juvenile sons of applicant have been granted bail by other Benches of this Court vide orders dated 4.10.2018 and 3.10.2018 passed in Criminal Misc. Bail Application No.27930 of 2018 and Criminal Revision Nos.2909 of 2018 & 2912 of 2018, copies of which have been filed at Annexure-10; that applicant had no motive to cause death of deceased; that applicant has no criminal history; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 28.5.2018.
Learned A.G.A. opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment, grant of bail to co-accused as well as totality of facts and circumstances, at this stage without
commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Ghure Chauhan be released on bail in Case Crime No. 197 of 2018, under Section 302, I.P.C., P.S. Pipraiech, District Gorakhpur, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 15.2.2019 T. Sinha
1 issue framed by the court
Whether the applicant Ghure Chauhan is entitled to bail in the murder case despite gravity of charges.
Ghure Chauhan
Harsh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
