Allowed

Sujeet Chauhan v. State of U.P.

Allahabad HC2 Aug 2018BAIL/3059/2018

Case brief

AI extract

What is this about?

The court allowed bail to the applicant in a criminal case alleging a knife attack. The court held that the applicant was entitled to release on bail, considering the nature of the accusation, evidence, and the reformative theory of punishment, subject to specific conditions.

What did the court decide?

Release on bail on furnishing a personal bond with two sureties, subject to attending trial, not tampering with witnesses, and not indulging in illegal activities.

Sujeet Chauhan Vs State of U.P. — Quashing and FIR | Allahabad HC (2018)

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Court No. - 55

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3059 of 2018

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Applicant :- Sujeet Chauhan Opposite Party :- State Of U.P. Counsel for Applicant :- Udai Shankar Chauhan Counsel for Opposite Party :- G.A.,Lal Behari Yadav

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Hon'ble Vivek Kumar Singh,J.

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Counter and rejoinder affidavits have been exchanged.

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Heard Sri U.S.Chauhan, learned counsel for the applicant, Sri L.B.Yadav, learned learned counsel for the complainant and Sri S.S.Tiwari, learned A. G. A. for the State and perused the material on record.

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According to the prosecution version FIR was lodged by the complainant against three persons including the applicant alleging that he inflicted knife blow in the stomach of the inured and ran away from the spot.

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Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case due to ulterior motive and he has committed no offence. It is next contended that it is a case of sudden quarrel. There was no motive to commit such an offence.Perusal of the injury report shows that there is one injury and no internal damage was caused on the person of the injured. The victim was admitted on 24.10.2017 and discharged on 4.11.2017. The witnesses are interested and family members of the injured. False recovery of knife has been shown against the applicant. No other person of the locality came forward to support the prosecution version. 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 10.11.2017. The applicant has no other reported criminal antecedent.

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Per contra, learned A. G. A. and learned counsel for the complainant have vehemently 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

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is entitled to be released on bail in this case.

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Without expressing any opinion on the merits of the case let the applicant Sujeet Chauhan involved in Case Crime No. 360 of 2017 under Section 307 I.P.C., police station Haldharpur, District Mau be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.

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1.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 :- 2.8.2018 IA

Sujeet Chauhan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sujeet Chauhan v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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