Allowed

Prince Chaudhary v. State of U.P.

Allahabad HC5 Feb 2020BAIL/3193/2020

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 3193 of 2020, the Court allowed the bail plea of Prince Chaudhary, charged under multiple IPC sections and the Dowry Prohibition Act, subject to conditions preventing tampering with witnesses and ensuring cooperation with the trial.

What did the court decide?

Released on bail on personal bond and two reliable sureties subject to conditions of non-tampering and trial cooperation.

Prince Chaudhary Vs State of U.P. — Domestic Violence | Allahabad HC (2020)

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Court No. - 71 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3193 of 2020 Applicant :- Prince Chaudhary Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Singh,Vishesh Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Rajendra Kumar-IV,J.

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Counter affidavit filed by State is taken on record.

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Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.

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Accused-applicant, involved in Case Crime No.363 of 2016, under Sections 498-A, 307, 323, 506, 504, 420, 468, 471 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Kasana, District Gautam Budh Nagar, applied for bail.

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Learned counsel for the applicant submits in following manner :-

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(i) Applicant is innocent and has been falsely implicated in the present case; he has committed no offence; entire prosecution story is false and fake.

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(ii) It is alleged that applicant along with other coaccused attacked the victim with Danda, causing serious injuries to her. The applicant is said to have pressed the neck of victim to kill her.

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(iii) All the injuries found on the person of victim is said to be caused by hard and blunt object. There is no bony injury as per injury report of injured.

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(iv) Applicant is in jail since 1.12.2019 having no criminal history. There is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail,

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he shall not misuse the liberty of bail.

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Learned A.G.A. opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant.

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Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction, evidence collected by I.O. during investigation and without commenting upon the merit of the case, applicant deserves bail.

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Accordingly, bail application is allowed .

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Let applicant Prince Chaudhary be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-

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1. The applicant shall not tamper with the evidence or threaten the witnesses.

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2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.

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3. During trial, he shall not indulge in any criminal activities or case.

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In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.

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Order Date :- 5.2.2020 / Manoj

Prince Chaudhary v. State of U.P.

Case brief

What is this about?

What did the court decide?

Prince Chaudhary v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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