Vishnu Chauhan vs State Of U.P.
2017 Latest Caselaw 2707 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 22
 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26364 of 2017
 
Applicant :- Vishnu Chauhan
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Raghubir Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Abhai Kumar,J.

Heard learned counsel for the accused-applicant, learned A.G.A for the State and perused the record.

The present bail application has been filed by the applicant in Case Crime No. 298 of 2017, under sections 392 & 411 I.P.C., Police Station Etamadaulla, District Agra with the prayer to enlarge him on  bail.

It is submitted by the learned counsel for the applicant that FIR was lodged on 10.4.2017 showing the incident dated 3.4.2017. No one was named in the FIR. It is also submitted by the learned counsel that on 9.4.2017, some altercation took place between the applicant and a police constable and a false FIR was also lodged by the constable on 10.4.2017 under section 394 I.P.C. It is further submitted that after recovery of the present case, 10 cases are being slapped against the applicant. It is also submitted that there is no previous  criminal history of the applicant. The applicant has been falsely implicated with ulterior motive. It is also submitted that in case, the applicant is enlarged on bail, he will not misuse the liberty of bail. The applicant is in jail since 10.4.2017.

Learned A.G.A for the State has opposed the prayer for bail.

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, a prima facie case for bail is made out.

Let the applicant?Vishnu Chauhan, involved in Case Crime No. 298 of 2017, under sections 392 & 411 I.P.C., Police Station Etamadaulla, District Agra, 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 co-operate in the investigation.

2. The applicant shall not tamper with the prosecution evidence.

3. The applicant shall not pressurize the prosecution witnesses.

4. The applicant shall appear on the date fixed by the trial Court.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court before the bonds are accepted.

Order Date :- 27.7.2017

N.A.