Chheddu Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2020)

Chheddu Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2020)

What the court decided

AI extract

Outcome

Bail application allowed; applicant Chheddu to be released on bail in Case Crime No. 98 of 2016 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions: (i) he will not tamper with the evidence during the trial; (ii) he will not pressurize/intimidate the prosecution witness; (iii) he will appear before the trial court on the date fixed; and in case of breach of any condition, the court below shall be at liberty to cancel the bail.

Issue for consideration

Whether the applicant Chheddu, involved in Case Crime No. 98 of 2016 under Sections 302 and 120-B IPC, P.S. Kishanpur, District Fatehpur, should be enlarged on bail.

Court's answer

In view of the facts and circumstances of the case and the submissions made by learned counsel for the applicant, and without expressing any opinion on the merits of the case, the applicant is entitled to be released on bail.

Ratio / Principle

The applicant Chheddu is to 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 conditions that he will not tamper with the evidence during trial, will not pressurize/intimidate prosecution witnesses, and will appear before the trial court on dates fixed; in case of breach of any condition, the court below is at liberty to cancel the bail.

Detailed headnote1 paragraphs

Bail granted. Applicant Chheddu sought bail in Case Crime No. 98 of 2016, u/s 302, 120-B IPC, P.S. Kishanpur, District Fatehpur. Counsel for the applicant submitted that no role of causing any injury to the deceased was attributed to the applicant, whereas the main accused Prakash and Srichand, stated to have assaulted the deceased by Axe and Ganasa, had already been enlarged on bail by another Bench of this Court in Bail Application no. 40415 of 2016 vide order dated 3.7.2019; that during investigation the police falsely showed recovery of some plastic glasses and an empty bottle of wine; and that the applicant had no criminal history. Learned A.G.A. opposed the prayer but could not point out anything material to the contrary. Without expressing any opinion on the merits of the case, the Court held the applicant entitled to 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 conditions against tampering with evidence, pressurizing/intimidating prosecution witnesses, and requiring appearance before the trial court, with liberty to the court below to cancel bail in case of breach.

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1470 of 2020

Applicant :- Chheddu Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A.

Hon'ble Rajul Bhargava,J.

Heard learned counsel for the applicant, learned A.G.A. and perused the record.

The present bail application has been filed by the applicant in Case Crime No. 98 of 2016, u/s 302, 120-B IPC, P.S. Kishanpur, District Fatehpur with the prayer for enlarging him on bail.

It is submitted by learned counsel for the applicant that the applicant has not been attributed role of causing any injury to the deceased whereas main accused Prakash and Srichand, who are stated to have assaulted the deceased by Axe and Ganasa have been enlarged on bail by another Bench of this Court in Bail Application no. 40415 of 2016 vide order dated 3.7.2019. During investigation, police has falsely shown recovery of some plastic Glasses and empty bottle of wine which is stated to have consumed by the deceased and the accused persons prior to commission of offence. The applicant has no criminal history.

Learned A.G.A. has opposed the prayer for bail. However he could not point out anything material to the contrary.

In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.

Let the applicant Chheddu involved in the aforesaid case crime number 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:-

(i) The applicant will not tamper with the evidence during the trial.

(ii) The applicant will not pressurize/ intimidate the prosecution witness.

(iii)The applicant will appear before the trial court on the date fixed.

In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

Order Date :- 18.1.2020 Dhirendra/