Allowed

Chandan v. State of U.P.

Allahabad HC11 Jan 2018BAIL/1301/2018

Case brief

AI extract

What is this about?

This is a bail application filed by Chandan in Cr. Misc. Bail Application No. 1301 of 2018. The High Court granted bail, directing the applicant to furnish a personal bond of Rs. one lakh with two sureties, subject to conditions regarding cooperation, non-tampering with witnesses, and no illegal activities.

What did the court decide?

Release on bail upon furnishing personal bond of Rs. one lakh with two sureties each in like amount.

Chandan Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 23

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1301 of 2018

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Applicant :- Chandan Opposite Party :- State Of U.P. Counsel for Applicant :- Rakesh Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Rakesh Kumar Srivastava, learned counsel for the applicant and Sri Ashvani Kr. Yadav, learned A.G.A. appearing for the State.

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It has been submitted by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is further submitted that the applicant was not neither named in the first information report nor he was arrested on spot. It is further submitted that nothing has been has been recovered from the possession of the applicant. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 12.11.2017. It has been pointed out that the applicant has no previous criminal history.

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

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Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment the applicant is entitled to be released on bail in this case.

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Let the applicant Chandan involved in Case Crime No.668 of 2017, under Section 392 I.P.C., Police Station Sector-24 NOIDA, District Gautam Budh Nagar be released on bail on his furnishing a personal bond (of Rs.one lakh) with two sureties (one should of family member) each in the like amount to the satisfaction of the court concerned with the following conditions.

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The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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Order Date :- 11.1.2018 Dev/-

Chandan v. State of U.P.

Case brief

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Chandan v. State of U.P.

Case brief

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