Allowed

Chandrabhan v. State of U.P.

Allahabad HC10 Jul 2020BAIL/13086/2020

Case brief

AI extract

What is this about?

Court allowed bail to applicant Chandrabhan accused of theft under IPC sections 457, 380, and 411, considering lack of criminal history, false implication claim, and concerns over viral spread in jails, relying on constitutional and apex court dicta.

What did the court decide?

Release on bail by furnishing personal bond and two sureties to satisfy the court concerned, subject to specific conditions including surrender of sureties after courts resume normal functioning.

Chandrabhan Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 82

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13086 of 2020

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Applicant :- Chandrabhan Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant and learned A.G.A.

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The allegation against the applicant and one named and one unnamed accused is that they have stolen Rs.2,40,000/- in cash alongwith jewellery kept in the house of the informant. The number of articles stolen have been mentioned in the First Information Report.Applicant was arrested from the spot and Rs.2,000/- and pair of 'Pajeb' of white metal was recovered from him. It is submitted that applicant was falsely implicated in this case.The amount of Rs.2,000/- belonged to him and recovery of one pair 'Pajeb' was planted. The stolen goods were of gold, diamond and bronze and only a pair of silver 'Pajeb' has been recovered. It has not been identified by the informant .Applicant alleges false implication. He is in jail since 11.2.2020. and has no criminal history.

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Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.

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Keeping in view the nature of the offence, argument advanced on behalf of the parties, spreading of novel corona virus in jails, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Chandrabhan, who is involved in Case Crime No. 69 of 2020, under Sections 457, 380, 411 I.P.C, Police Station-Sadar Bazar , District-

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Agra, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

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The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

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The party shall file computer generated copy of such order downloaded from the ofÏcial website of High Court Allahabad.

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The concerned Court/Authority/OfÏcial shall verify the authenticity of such computerized copy of the order from the ofÏcial website of High Court Allahabad and shall make a declaration of such verification in writing.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 10.7.2020 Atul kr. sri.

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Digitally signed by JUSTICE SIDDHARTH Date: 2020.07.13 15:07:42 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Chandrabhan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Chandrabhan v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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