Allowed

Chanda v. State of U.P.

Allahabad HC13 Mar 2019BAIL/10720/2019

Case brief

AI extract

What is this about?

The High Court considered the bail application of Chanda, who was accused of a crime involving death. After hearing counsel and finding no independent witnesses against her initially, the Court allowed bail subject to specific conditions regarding appearance and non-interference, without commenting on the merits of the trial.

What did the court decide?

The applicant Chanda is released on bail by furnishing a personal bond and two sureties, subject to conditions including appearing before the trial court and not tampering with evidence.

Chanda Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 50

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10720 of 2019

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Applicant :- Chanda Opposite Party :- State Of U.P. Counsel for Applicant :- Sher Singh,Yogendra Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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Vakalatnama filed today by Sri Lalta Prasad, Advocate on behalf of complainant is taken on record.

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Heard learned counsel for the applicant, learned counsel for the complainant as well as Sri Pankaj Rai, learned brief holder for the State and perused the record.

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According to prosecution case, F.I.R. was lodged on 30.3.2018 against four accused persons, namely Lal Bahadur Saroj, Rohit, Chanda and Rahul alleging that on 28.3.2018 they assaulted Sherbahadur Patel, he received four injuries, one on head, resultantly died.

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It is submitted by learned counsel for the applicant that coaccused namely Rahul has already been granted bail by trial court. The applicant is the lady. On the date of incident, deceased with some other persons climbed from the roof applicant for attempting rape; other persons fled away, deceased jumped from the roof, received head injury and died. F.I.R. was lodged after two days of incident after thought and due legal consultation. Incident took place at night. Nobody has seen the incident. There is no independent witness and no legal evidence against the applicant. The applicant is innocent and has been falsely implicated in the present case. Offences levelled against the applicant are not attracted in the present case. She is languishing in jail since 6.2.2019 (more than one month) having no criminal history and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.

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Learned counsel for the complainant opposed the prayer for bail.

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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

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allowed.

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Let applicant Chanda involved in Case Crime No. 0085 of 2018, under Sections 302, 120-B, 506 IPC, Police Station Mariyahun, District Jaunpur 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 she is accused, or suspected, of the commission of which she 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 her 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 :- 13.3.2019

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A. Singh

Chanda v. State of U.P.

Case brief

What is this about?

What did the court decide?

Chanda v. State of U.P.

Case brief

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