Allahabad High Court
Nanhak Chauhan vs State Of U.P. on 20 May, 2016
Bench: Abhai Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42489 of 2015
Applicant :- Nanhak Chauhan
Opposite Party :- State Of U.P.
Counsel for Applicant :- Anand Priya Singh
Counsel for Opposite Party :- G.A.
Hon'ble Abhai Kumar, J.
Counter affidavit on behalf of State filed today, is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The contention raised by learned counsel for the applicant is that the accused-applicant has been falsely implicated in the present case due to ulterior motive. As per F.I.R on 13.04.2016 accused - applicant with the help of two named accused persons killed Chandrabhan, who was staying at the house of Jairam Chauhan. It is contended by learned counsel for the applicant that Jairam Chauhan brought the dead body and handed over to the complainant, also made accused in the case and he has already been granted bail by the Sessions Court. Rest of the accused persons are also released on bail. Eye witness account Harish Chandra was declared hostile during the trial and he has not supported the case of the prosecution. Now, only eyewitness Musafir Chauhan is left, whose statement recorded under Section 161 Cr.P.C is also not trustworthy.
Though, the main role for killing has been assigned to the accused - applicant and co-accused Jairam Chauhan, who told this fact to the complainant, on that basis F.I.R was lodged. Eyewitness - Harish Chandra had already declared hostile and he has not supported the case of prosecution.
It is next contended that the applicant is in jail since 24.06.2014 with no previous criminal history and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A has opposed the prayer for bail but could not dispute the aforesaid facts.
Seeing the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material brought on record, without expressing any opinion on merits of the case, it is a fit case for grant of bail. However, any observation made herein above, will not affect the trial of the case.
Let the applicant - Nanhak Chauhan involved in Case Crime No. 496 of 2014, under Sections 304, 201 I.P.C, Police Station - Haldharpur, District - Mau, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the order granting bail shall automatically stand cancelled.
Order Date :- 20.05.2016
Vinod.
