Allowed

Banty Chaturvedi v. State of U.P.

Allahabad HC24 Jan 2019BAIL/3480/2019

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 3480 of 2019, the court granted bail to Banty Chaturvedi, a cancer patient accused under Sections 394 and 411 I.P.C., holding him entitled to release due to his health, lack of independent evidence, and low risk of absconding.

What did the court decide?

Release on bail on executing a personal bond and furnishing two sureties each to the satisfaction of the court concerned.

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

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Court No. - 44

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3480 of 2019 Applicant :- Banty Chaturvedi Opposite Party :- State Of U.P. Counsel for Applicant :- Krishna Dutt Awasthi Counsel for Opposite Party :- G.A.

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Hon'ble Arvind Kumar Mishra-I,J.

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Heard learned counsel for the applicant as well as learned AGA for the State of U.P and perused the material available on record.

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Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. No offence has been committed by the applicant. The applicant has nothing to do with the allegations made against him. Nothing incriminating has been recovered from the possession of the applicant. There is no independent public eye witness to the incident. Apart from that, the applicant is also a patient of cancer and is suffering from mouth cancer. Criminal history of the applicant has been explained under paragraph no.14 of the affidavit filed in support of this bail application. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant is languishing in jail since 19.7.2017.

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Learned AGA has opposed prayer for bail. However, he has not disputed the aforesaid facts.

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Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.

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Accordingly, bail application is allowed .

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Let the applicant - Banty Chaturvedi involved in Case Crime No. 354 of 2016, under Sections - 394, 411 I.P.C., Police Station - Kotwali Auraiya, District - Auraiya be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.

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Order Date :- 24.1.2019/S Rawat

Banty Chaturvedi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Banty Chaturvedi v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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