Allowed

Chandra Bhan and Another v. State of U.P.

Allahabad HC25 Oct 2018BAIL/37149/2018

Case brief

AI extract

What is this about?

The court considered a bail application where joint applicants were falsely implicated and cited an Apex Court dictum. Without commenting on merits, the grants bail based on parity with co-accused, subject to standard conditions including furnishing bonds and ensuring sureties are verified.

What did the court decide?

Release of applicants Chandra Bhan and Udai Bhan on bail by furnishing personal bonds with two sureties each.

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

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Court No. - 55

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37149 of 2018

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Applicant :- Chandra Bhan And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Satya Prakash Singh Counsel for Opposite Party :- G.A.,Avadhesh Singh

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Satya Prakash Singh, learned counsel for the applicants; Sri Avadhesh Singh, learned counsel for the complainant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.

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Learned counsel for the applicants in support of his prayer for bail submits that the applicants are innocent and they have been falsely implicated in the present case. It has further been contended by the learned counsel for the applicants that the coaccused Dharmendra and Rambali have been granted bail by this Court vide orders dated 17.07.2018 and 02.08.2018 passed in Criminal Misc. Bail Application Nos.25996 of 2018 and 26772 of 2018, a copy of said orders have been produced respectively by the learned counsel for the applicants, which are taken on record and the case of the applicants stand on identical footing, hence the applicants are also entitled for bail on the ground of parity. The applicant is in jail since 22.08.2018. Learned A.G.A. opposed the prayer for bail, but could not dispute the aforesaid fact as argued by the learned counsel for the applicant.

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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.

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Without expressing any opinion on the merits of the case let the applicants Chandra Bhan and Udai Bhan involved in Case Crime No.66 of 2018, under Sections 147, 148, 352, 308 I.P.C., Police Station Rani Ki Sarai, District Azamgarh be released on bail on his furnishing personal bonds with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/intimidate the prosecution witness.

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(iii) The applicant will appear before the trial Court on the date fixed.

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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 court below shall be at liberty to cancel the bail.

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Order Date :- 25.10.2018 Abhishek

Chandra Bhan and Another v. State of U.P.

Case brief

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Chandra Bhan and Another v. State of U.P.

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