Allowed

Shekhar Chand v. State of U.P.

Allahabad HC30 Sept 2020BAIL/29090/2020

Case brief

AI extract

What is this about?

The High Court granted a personal bond and bail to the applicant, Shekhar Chand, in a case involving injuries to both parties. The order cited Article 21 and Dataram Singh while clarifying that no opinion was formed on the merits of the criminal case.

What did the court decide?

The applicant was released on bail on executing a personal bond and two sureties, with conditions to attend trial and not tamper with witnesses.

Shekhar Chand Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29090 of 2020

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Applicant :- Shekhar Chand Opposite Party :- State of U.P. Counsel for Applicant :- Shri Niwash Yadav,Umesh Chandra Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicant, Sri Abhinav Prasad, learned AGA for the State and perused the record.

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The submission of learned counsel for the applicant is that the informant side aggressor in this incident but due to village party bandi the applicant falsely implicated by informant in the present case. It is further submitted that the present case is a cross case, both side persons have received injuries on their person. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. The applicant has no criminal antecedents and languishing in jail since 11.07.2020. He undertakes that he will not misuse the liberty, if granted, therefore, he may be released on bail.

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Learned AGA vehemently opposed the prayer.

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Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, (2018) 3 SCC 22 , without expressing any view on the merits of the case, I find it to be a case of bail.

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Let the applicant- Shekhar Chand involved in Case Crime No. 133 of 2020, under Sections 323, 324, 326 IPC, Police Station Farah, District Mathura be released on bail, on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with the following

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conditions:

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The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

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The party is permitted to file a computer generated copy of this order downloaded from the official website of Allahabad High Court before the court concerned, who shall verify the authenticity of such computerized copy of the order from the official website of Allahabad High Court.

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Order Date :- 30.9.2020 Arti

Shekhar Chand v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shekhar Chand v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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