Allowed

Chandra Prakash @ Chandu v. State of U.P.

Allahabad HC3 Apr 2019BAIL/13690/2019

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 13690 of 2019, the Court allowed bail for the applicant, Chandra Prakash @ Chandu, accused in a murder case where he had no criminal history. The Court deemed it a fit case for bail subject to standard conditions.

What did the court decide?

Applicant released on bail by furnishing personal bond and two sureties subject to specific conditions including appearance and non-interference with evidence.

Chandra Prakash @ Chandu Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2019)

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Court No. - 50

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13690 of 2019

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Applicant :- Chandra Prakash @ Chandu Opposite Party :- State Of U.P. Counsel for Applicant :- R.K. Singh. Rajput,Sunil Vashisth Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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Vakalatnama filed today by Sri Amit Daga, 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 learned A.G.A for the State and perused the record.

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According to prosecution case, F.I.R. was lodged on 7.11.2018 against five accused persons, namely Kaptan Singh, Bhagat Singh, Harprasad, Chandraprakash @ Chandu and Dinesh alleging that on 6.11.2018 at 8.30 p.m. night they shot fire at Brijesh (brother of complainant), he received one gun shot injury, resultantly died. Specific role of firing was assigned to co-accused Kaptan Singh.

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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. Main role of firing was assigned to coaccused Kaptan Singh. The role of applicant is distinguishable from co-accused Kaptan Singh. There are general allegations against all accused persons except coaccused Kaptan Singh. Incident took place at night, nobody has seen the incident. There is no independent witness and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 10.11.2018 (near about five 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 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 allowed.

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Let applicant Chandra Prakash @ Chandu involved in Case Crime No. 203 of 2018, under Sections 302, 307, 504, 506, 147, 148, 149 IPC, Police Station Badagaon, District Jhansi 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 :- 3.4.2019 A. Singh

Chandra Prakash @ Chandu v. State of U.P.

Case brief

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Chandra Prakash @ Chandu v. State of U.P.

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