In a criminal miscellaneous bail application, the court granted bail to the applicant Chintu @ Chetan, who was accused of offences under Sections 147, 148, 149 IPC along with Section 307 IPC, citing the larger mandate of Article 21 and the dictum in Dataram Singh (2018).
Release on bail under personal bond and two sureties with specified conditions.
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Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29693 of 2018
Applicant :- Chintu @ Chetan Opposite Party :- State Of U.P. Counsel for Applicant :- Pradeep Kumar Bhardwaj Counsel for Opposite Party :- G.A.,Sandeep Kumar Dubey
Hon'ble Vivek Kumar Singh,J.
Counter affidavit filed on behalf of informant in the Court today is taken on record.
Heard Sri Pradeep Kumar Bhardwaj, learned counsel for the applicant, Sri Sandeep Kumar Dubey, learned counsel for the informant and learned A.G.A. appearing for the State.
Learned counsel for the applicant submitted that the only role which has been assigned to the applicant is that of catching hold, whereas the role of causing fire arm injury has been attributed to co-accused Neeraj Bhardwaj. He further submitted that co-accused Devendra Sharma has already been enlarged on bail by another Bench of this Court vide order dated 26.6.2018 passed in Criminal Misc. Bail Application no. 23605 of 20189. The applicant's case stands on same footing than that of the coaccused, Devendra Sharma, hence he is also entitled to be enlarged on bail. He lastly submitted that the applicant has no criminal history. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. Further submission is that applicant who is in jail since 9.7.2018 has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. as well as learned counsel for the informant have vehemently opposed the prayer for bail.
Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.
Let the applicant Chintu @ Chetan be released on bail in Case Crime No. 357 of 2018, under Sections 147, 148, 149 and 307 I.P.C., P.S. Kotwali Nagar, district-Bulandshahar on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release. (ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 12.9.2018 Faridul
2 issues framed by the court
Whether the applicant Chintu @ Chetan is entitled to bail in the given circumstances.
Whether the applicant would tamper with witnesses or flee if released on bail.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherApplied¶9
Dataram Singh v. State of U.P. and another (2018) 3 SCC 22 · Who else cites this
Chintu @ Chetan
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
