Allahabad High Court
Sudhir Singh Chauhan vs State Of U.P. on 1 August, 2019
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 11
Case :- BAIL No. - 7389 of 2019
Applicant :- Sudhir Singh Chauhan
Opposite Party :- State Of U.P.
Counsel for Applicant :- Anjani Kumar Srivastava,Sarvesh Kumar Saxena,Udai Vir
Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No. 1040 of 2018, under Sections 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act- 1986, Police Station Madiyaon, District Lucknow, with the prayer to enlarge him on bail.
Submission of learned counsel for the applicant is that the applicant is innocent person and has been falsely implicated in the case. He is having no previous criminal history and is in jail since 11.06.2018. It is further submitted on behalf of applicant that as per the report of S.H.O., P.S. Madiaon, Lucknow dated 22nd July, 2019, the applicant was found accused in three cases, namely, (1) Case No. 522 of 2018, under Sections 395, 397, 412 IPC (2) Case No. 615 of 2018, under Sections 41, 411, 420, 467, 468, 471 IPC (3) Case No. 616 of 2018 under Sections 3/25 Arms Act. He further submitted that it is an admitted case of the prosecution that in Case Crime No. 617 of 2018 under Section 3/25 Arms Act, the applicant is not wanted and in rest of the aforesaid cases, he has been enlarged on bail and in these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant Sudhir Singh Chauhan be released on bail in Case Crime No. 1040 of 2018, under Sections 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act- 1986, Police Station Madiyaon, District Lucknow, on his/their furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 1.8.2019
Israr
