Ankush Chauhan Vs State of U.P. and Another

Court No. - 1

Case :- CRIMINAL APPEAL No. - 1509 of 2020

Appellant :- Ankush Chauhan Respondent :- State of U.P. and Another Counsel for Appellant :- Kameshwar Singh Counsel for Respondent :- G.A.,Manoj Kumar Singh

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Hon'ble Ramesh Sinha,J.

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Heard Sri Kameshwar Singh, learned counsel for the applicant/appellant, Sri Jitendra Kumar, Advocate, holding brief of Sri Manoj Kumar Singh, learned counsel for the complainant and Sri Irshad Hussain, learned A.G.A. for the State and perused the record.

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It has been submitted by learned counsel for the applicant/appellant that two persons were named in the FIR namely Sunil Chauhan and Achhe Lal Chauhan and the name of the applicant/appellant has come into light during the course of investigation in the statement of the eye witness Kumar Gaurav recorded under section 161 Cr.P.C. He further submitted that all the accused persons have been assigned general role of assaulting with lathi and danda and the deceased died on account of head injury the author of which is not known as the incident took place during an altercation between the parties in a marriage function. The applicant/appellant has no other reported criminal antecedents and he is in jail since 14.06.2020.

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Learned counsel for the complainant and learned opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant/appellant.

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Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case as well as the sentence awarded to the applicant/appellant, I am of the opinion that the applicant/appellant is entitled to be released on bail.

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Let the applicant/appellant Ankush Chauhan convicted and sentenced in Case Crime No.0008 of 2020, under Sections 147, 323, 304, 452 IPC and Section 3 (2) (v) of SC/ST Act, P.S. Pakari, District Ballia, be released on bail on his furnishing a personal bond of Rs. 1,00,000/- (Rupees One Lac) with two sureties each (one should be family member ) in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant/appellant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant/appellant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant/appellant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant/appellant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant/appellant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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The party shall file computed generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked.

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The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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The trial court is directed to expedite the trial of the present case expeditiously preferably within a period of one year from the date of production of a certified copy of this order.

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Order Date :- 6.10.2020 Madhurima

Ankush Chauhan v. State of U.P. and Another

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Ankush Chauhan v. State of U.P. and Another

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