Umesh Alias Ganesh Chauhan vs State Of U.P.
2022 Latest Caselaw 5310 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24445 of 2022
 

 
Applicant :- Umesh Alias Ganesh Chauhan
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Sushil Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Deepak Verma,J.

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

The instant bail application has been filed on behalf of the applicant- Umesh @ Ganesh Chauhan with a prayer to release him in Case Crime No.265 of 2022, registered under Sections 224, 332, 353, 186 I.P.C. and Section 18 of NDPS Act, Police Station Auraiya, District Auraiya during pendency of the trial.

Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case due to mala fide intention. Nothing has been recovered from the possession of the person. Recovery against the applicant is planted and without any evidence. No independent witness. The applicant has no previous criminal antecedents and languishing in jail since 04.05.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.

Learned A.G.A. has opposed the bail prayer of the applicant.

The Apex Court in the Case of Union of India vs. Shiv Shankar Keshari, (2007) 7 SCC 798 has held that the court while considering the application for bail with reference to Section 37 of the Act is not called upon to record a finding of not guilty. It is for the limited purpose essentially confined to the question of releasing the accused on bail that the court is called upon to see if there are reasonable grounds for believing that the accused is not guilty and records its satisfaction about the existence of such grounds. But the court has not to consider the matter as if it is pronouncing a judgment of acquittal and recording a finding of not guilty.

Considering the facts of the case and keeping in mind, the ratio of the Apex Court's judgment in the case of Union of India vs. Shiv Shankar Keshari, (2007) 7 SCC 798, larger mandate of Article 21 of the constitution of India, the nature of accusations, the nature of evidence in support thereof, the severity of punishment which conviction will entail, the character of the accused-applicant, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interest of the public/ State and other circumstances, but without expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail.

Let the applicant, Umesh @ Ganesh Chauhan, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.

3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

Order Date :- 21.6.2022

Nitin Verma