Allowed

Paras Chaudhary Alias Bunty v. State of Up

Allahabad HC6 Jul 2020BAIL/13180/2020

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a Criminal Misc. Bail Application filed by Paras Chaudhary Alias Bunty, who was in jail since January 2020. The court held that he was not named in the initial FIR and had no specific role in causing injury. Relying on Apex Court dicta and Article 21, the bail was granted conditionally.

What did the court decide?

Applicant released on bail on personal bond and two sureties subject to conditions including non-interference with witnesses and cooperation in trial.

Paras Chaudhary Alias Bunty Vs State of Up — Bail and Remand | Allahabad HC (2020)

¶1

Court No. - 82

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13180 of 2020

¶3

Applicant :- Paras Chaudhary Alias Bunty Opposite Party :- State of U.P. Counsel for Applicant :- Akash Tomar Counsel for Opposite Party :- G.A.

¶4

Hon'ble Siddharth,J.

¶5

Order on the Exemption Application .

¶6

Application is allowed.

¶7

Order on the Bail Application .

¶8

Supplementary afÏdavit has already been filed by the learned counsel for the informant as per order dated 30.6.2020.

¶9

In view of the guidelines laid down by this Court, the urgent bail applications have been directed to be heard through Video Conferencing.

¶10

Heard Shri Vinay Saran, learned Senior Counsel assisted by Shri Akash Tomar, learned counsel for the applicant and learned A.G.A. through Video Conferencing.

¶11

The allegation in the First Information Report is that three named and one unnamed persons have caused the alleged injury to the injured.Applicant was not named in the First Information Report.He has been subsequently implicated on the basis of confessional statement of co-accused, Satyam alias Bhura. It is submitted that main injury on left auxiliary line of the injured has been caused by coaccused, Satyam alias Bhura.Applicant has not been assigned any specific role of causing injury. The applicant is in jail since 2.1.2020.The criminal history of five cases of the applicant has been explained in paragraph-30 of the afÏdavit filed in support of the application.

¶12

Learned A.G.A. has opposed the bail prayer of the applicant.

¶13

Keeping in view the nature of the offence, argument advanced on behalf of the parties, evidence on record regarding complicity of the

¶14

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.

¶15

Let the applicant, Paras Chaudhary alias Bunty , who is involved in Case Crime No. 525 of 2019, under Sections 307, 506 I.P.C, Police StationBhawanpur , District- Meerut, 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.

¶16

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

¶17

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

¶18

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

¶19

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.

¶20

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.

¶21

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

¶22

The concerned Court/Authority/OfÏcial shall verify the authenticity of such computerized copy

¶23

of the order from the ofÏcial website of High Court Allahabad and shall make a declaration of such verification in writing.

¶24

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

¶25

Order Date :- 6.7.2020 Atul kr. sri.

¶26

Digitally signed by JUSTICE SIDDHARTH Date: 2020.07.07 10:11:10 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Paras Chaudhary Alias Bunty v. State of Up

Case brief

What is this about?

What did the court decide?

Paras Chaudhary Alias Bunty v. State of Up

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Madan Soni Vs Union of India

Arun Vs State of U.P.

Om Pal Vs State of U.P.

Lalit Vs State of U.P.

Mithun Vs State of Up

Rajneesh Kumar @ Sonu Vs State of U.P.