Allowed

Udaybhan Chaudhary v. State of U.P.

Allahabad HC22 Sept 2020BAIL/23759/2020

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant Udaybhan Chaudhary in a criminal case involving offences under Sections 307, 323, 352, 504, 506 IPC and Arms Act. The court upheld the bail application despite contesting the merit of the underlying case based on contradictions in the FIR and victim statement.

What did the court decide?

Enlarged the applicant on bail by executing a personal bond and two sureties each.

Udaybhan Chaudhary Vs State of U.P. — Cheque Dishonour | Allahabad HC (2020)

¶1

Court No. - 72

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23759 of 2020

¶3

Applicant :- Udaybhan Chaudhary Opposite Party :- State of U.P. Counsel for Applicant :- Sumit Kumar Srivastava Counsel for Opposite Party :- G.A.

¶4

Hon'ble Neeraj Tiwari,J.

¶5

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

¶6

It is submitted by the learned counsel for the applicant that applicant has been falsely implicated in the present case due to pending litigation between the parties. There is absolute contradiction in the version of FIR as well as statement of the informant recorded before the police. As per version of FIR, victim was in bedroom whereas as per her statement, she was out of residence. The role of stabbing is only assigned to coaccused, Mahendra Chaudhary. There is single knife injury. Applicant has no criminal history and he is in jail since 24.02.2020, undertakes that he will not misuse the liberty, if granted.

¶7

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

¶8

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- Udaybhan Chaudhary, involved in Case Crime No. 26 of 2020, under Sections- 323, 352, 504, 506, 307 I.P.C. and 4/25 Arms Act, Police Station- Pharenda, District Maharajganj, 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.

¶9

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

¶10

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

¶11

The applicant shall cooperate in the trial sincerely without

¶12

seeking any adjournment.

¶13

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

¶14

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;

¶15

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.

¶16

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.

¶17

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.

¶18

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

¶19

Order Date :- 22.9.2020

¶20

Arvind

¶21

Digitally signed by Justice Neeraj Tiwari Date: 2020.09.22 17:21:31 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Udaybhan Chaudhary v. State of U.P.

Case brief

What is this about?

What did the court decide?

Udaybhan Chaudhary v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Guddu @ Anil Kumar Vs State of U.P.

Shahzad Vs State of U.P.

Riyaz Vs State of U.P. and Another

Jeetu Vs State of U.P.

Pawan Kumar Yadav Vs State of U.P. and Another

Sandeep Pradhan @ Katar Vs State of U.P.