Manoj Chauhan @ Chatara vs State Of U.P.
2016 Latest Caselaw 5610 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 28
 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28847 of 2016
 
Applicant :- Manoj Chauhan @ Chatara
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Brijesh Sahai,Anshu Singh,Hemendra Pratap Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Abhai Kumar,J.

Sri Manish Kumar Dwivedi, Advocate, has filed his vakalatnama on behalf of the informant, is taken on record.

Heard learned counsel for the applicant as well as learned AGA for the State and and perused the record.

First information report was lodged unnamed but during the investigation on the basis of suspicion the complicity of the accused-applicant came into picture. Statement of complainant as well as sister of the deceased namely Neha are being taken and in which it has been stated that another incident took place on 01.04.2013, wherein Challan under Section 151 Cr.P.C. was made of the accused-applicant and father of the deceased. Although nothing specific has been mentioned in that regarding the type of incident under Section 151 Cr.P.C..

It is submitted by learned counsel for the informant that on the basis of statement given to investigating officer by the sister of the deceased that incident on 01.04.2013 took place because the applicant used to tease the sister of the deceased and after marriage of Neha, sister of the deceased, he used to tease the deceased. It is further submitted by the counsel of respondent that co-accuseds have also narrated the complicity of the accused-applicant in the matter during investigation. 

Learned AGA vehemently opposed the prayer for bail, but could not dispute with the aforesaid facts.     

There is no eye witness regarding the incident and on the basis of suspicion complicity of the accused-applicant has been shown. It cannot be said that incident dated 01.04.2013 is of such nature so as to culminate in present incident.

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, I think it is a fit case for bail. 

Let the applicant-Manoj Chauhan @ Chatara, involved in Case Crime No. 438 of 2015, under Sections 376-D, 302, IPC and 3/4 POCSO Act, Police Station Harduaganj, District Aligarh, be released on bail on his furnishing a personal bond and two 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 be cancelled.

Order Date :- 1.9.2016/VKG