Allowed

Chhedi Ram Patel v. State of U.P.

Allahabad HC16 Sept 2020BAIL/22886/2020

Case brief

AI extract

What is this about?

Hon'ble Neeraj Tiwari, J. granted bail to applicant Chhedi Ram Patel who was falsely implicated and held no criminal history, citing parity with a co-accused already granted bail in CRIMINAL MISC. BAIL APPLICATION No. 22897 of 2019.

What did the court decide?

Enlarged on bail on execution of personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

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

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Court No. - 72

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22886 of 2020

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Applicant :- Chhedi Ram Patel Opposite Party :- State of U.P. Counsel for Applicant :- Jagdish Prasad Mishra,Rajesh Kumar Tiwari

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Counsel for Opposite Party :- G.A.

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Hon'ble Neeraj Tiwari,J.

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

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It is submitted by the learned counsel for the applicant that he has been falsely implicated in the present case. It is next submitted that co-accused, Sanjay Kumar, having an identical role has already been granted bail by this Court on 30.05.2019 in Criminal Misc. Bail Application No. 22897 of 2019, therefore, the applicant is also entitled for bail on the ground of parity. The applicant has no criminal history to his credit and is languishing in jail since 17.09.2018. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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Learned A.G.A. has vehemently opposed the prayer but could not dispute the aforesaid facts.

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Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant- Chhedi Ram Patel , involved in Case Crime No. 264 of 2018, under Sections- 419, 420, 466, 467, 468, 471, 406 I.P.C., Police Station- Bhadohi, District - Bhadohi, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. It is further provided that this bail order available on the official website of the High Court will be taken to be the authentic one and certified copy shall be submitted before that court concerned as soon as it is issued.

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This bail order would be subject to the fulfilment of following conditions:-

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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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The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;

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In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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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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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 :- 16.9.2020 Sartaj

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Digitally signed by Justice Neeraj Tiwari Date: 2020.09.16 15:57:01 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Chhedi Ram Patel v. State of U.P.

Case brief

What is this about?

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Chhedi Ram Patel v. State of U.P.

Case brief

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