Allowed

Harigovind @ Rinku Chaudhary v. State of U.P.

Allahabad HC10 Nov 2020BAIL/39083/2020

Case brief

AI extract

What is this about?

Single judge order allowing bail in a criminal case involving theft and related charges, considering concerns over virus spread in jails while invoking constitutional principles established by the Apex Court.

What did the court decide?

Releaase on bail with personal bond and two sureties, subject to specific conditions including non-tampering with evidence and cooperation in trial.

Harigovind @ Rinku Chaudhary Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

¶1

Court No. - 70

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39083 of 2020

¶3

Applicant :- Harigovind @ Rinku Chaudhary Opposite Party :- State of U.P. Counsel for Applicant :- Mohd Shamim Khan,Deepak Singh Patel Counsel for Opposite Party :- G.A.

¶4

Hon'ble Siddharth,J.

¶5

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

¶6

Order on Criminal Misc. Exemption Application

¶7

This exemption application is allowed.

¶8

Order on Criminal Misc. Bail Application

¶9

The instant bail application has been filed on behalf of the applicant, Harigovind @ Rinku Chaudhary, with a prayer to release him on bail in Case Crime No. 67 of 2020 under Sections 457, 380, 411, 413, 419, 420, 467, 468, 471, 188, 269, 270 I.P.C. and 3 Epidemic Diseases Act and 51 Kha of Disaster Management Act, Police Station- Pathara Bazaar, District- Siddharthnagar, during pendency of trial.

¶10

There is allegation of theft against unknown accused persons in the F.I.R. in the shop of the informant. Theft of cash and some readymade garments have been alleged. Learned counsel for the applicant has submitted that the applicant was not named in the F.I.R. He has been falsely implicated in this case. Although recovery has been shown from the applicant but there is no public witness of the same. The applicant has criminal history of 3 cases and is in jail since 02.08.2020.

¶11

Learned A.G.A. has opposed the prayer for bail of the applicant.

¶12

Keeping in view the nature of the offence, argument advanced on behalf of the parties, spreading of novel corona virus in jails, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the

¶13

applicant involved in the aforesaid crime 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 that :-

¶14

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

¶15

The applicant shall cooperate in the trial sincerely without seeking any adjournment.

¶16

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

¶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

The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored. In case the court below is functioning normally, this condition will not apply and the applicant shall be enlarged on bail on execution of personal bond and two sureties to the satisfaction of the court below.

¶19

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

¶20

The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

¶21

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

¶22

Order Date :- 10.11.2020 KS

Harigovind @ Rinku Chaudhary v. State of U.P.

Case brief

What is this about?

What did the court decide?

Harigovind @ Rinku 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

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Shivam Dohrey Vs State of U.P.

Smt. Sita Shree Vs State of U.P.

Tahir Vs State of U.P.

Dileep Vs State of U.P.

Sagar Sonkar Vs State of U.P.

Shahnawaj @ Shanna Vs State of U.P.