Allowed

Alok Alias Chhaiya Awasthi v. State of U.P.

Allahabad HC18 Jun 2020BAIL/14499/2020

Case brief

AI extract

What is this about?

The High Court ordered bail for the applicant in a case involving Sections 307, 399, 401, and 411 IPC. Granting bail on grounds of parity as co-accuseds were released, imposing conditions to prevent evidence tampering, ensure trial cooperation, and restrict future criminal activity.

What did the court decide?

Released on bail subject to furnishing a personal bond and two sureties (eventually) and compliance with specific conditions regarding evidence tampering and trial cooperation.

Alok Alias Chhaiya Awasthi Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14499 of 2020

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Applicant :- Alok Alias Chhaiya Awasthi Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Kumar Saxena 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 AGA for the State.

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The instant bail application has been filed on behalf of the applicant, Alok Alias Chhaiya Awasthi, with a prayer to release him on bail in case crime no. 34 of 2020, under Section 307, 399, 401, 411 IPC, P.S. Sikandra, District Kanpur Dehat during pendency of trial.

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The co-accuseds, Ankit Chikwa and another, have been enlarged on bail in Criminal Misc. Bail Application No.12125 of 2020 The prayer for release of the applicant on bail on the ground of parity has been made. The applicant is languishing in jail since 09.02.2020.

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Considering the fact that the identically placed coaccused has already been released on bail by this Court, without expressing any opinion on the merits of the case, the Court is of the view that it is a fit case for bail. The bail application is allowed.

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Learned AGA has opposed the prayer for bail of the applicant.

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Having considered the material on record, 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, let the applicant involved in the aforesaid crime 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 with the following conditions that :-

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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 official website of High Court Allahabad.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official 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 :- 18.6.2020 SS

Alok Alias Chhaiya Awasthi v. State of U.P.

Case brief

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Alok Alias Chhaiya Awasthi v. State of U.P.

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