Allowed

Prateek @ Chintoo v. State of U.P.

Allahabad HC5 Dec 2018BAIL/45293/2018

Case brief

AI extract

What is this about?

This judgment grants bail to the applicant, Prateek @ Chintoo, in a criminal miscellaneous bail application. The court allowed the bail after considering arguments regarding the applicant's innocence, lack of criminal history, and the gravity of the alleged offense involving murder and robbery.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties each.

Prateek @ Chintoo Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2018)

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Court No. - 50

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45293 of 2018

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Applicant :- Prateek @ Chintoo Opposite Party :- State Of U.P. Counsel for Applicant :- Sushil Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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

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According to prosecution case, F.I.R. was lodged against unknown persons alleging that on 18.7.2018, Saresho Devi (mother of complainant) found dead in her house and Rs. 20,000/- and some ornaments were looted by unknown persons. After two days of incident, statement of complainant Pratima was recorded u/s 161 Cr.P.C. and he stated that Pratik has done this incident.

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It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Applicant was not named in the F.I.R. There is no legal evidence against the applicant and the name of applicant was disclosed only on the basis of suspicion. After thought, the false story was developed with legal consultation due to previous enmity. Offences levelled against the applicant are not attracted in the present case. There is no independent witness. Nothing was recovered from the possession/pointing out of applicant. He is languishing in jail since 28.7.2018 (more than four months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.

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Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.

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Let applicant Prateek @ Chintoo involved in Case Crime No. 514 of 2018, under Sections 302, 394 IPC, Police Station Hasanpur, District Amroha be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

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The applicant will not tamper with the evidence during the trial.

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2.The applicant will not pressurize/ intimidate the prosecution witness.

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3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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4.The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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5.The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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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 :- 5.12.2018

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A. Singh

Prateek @ Chintoo v. State of U.P.

Case brief

What is this about?

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Prateek @ Chintoo v. State of U.P.

Case brief

What is this about?

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