Allowed

Manish Chaudhary v. State of U.P.

Allahabad HC16 Jun 2020BAIL/690/2020

Case brief

AI extract

What is this about?

The court granted bail to the applicant in a criminal case involving grievous hurt, attempt to murder, and cheating. The applicant was released on a personal bond with conditions to ensure no tampering with evidence and cooperation in the trial.

What did the court decide?

Bail granted on personal bond with two sureties subject to specific conditions to release the applicant until normal court functioning is restored.

Manish Chaudhary Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2020)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 690 of 2020

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Applicant :- Manish Chaudhary Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Srivastava,Anoop Trivedi,Saksham Srivastava

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Counsel for Opposite Party :- G.A.,Satish Kumar Tyagi

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Hon'ble Siddharth,J.

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Heard Sri Anoop Trivedi, learned Senior Advocate, assisted by Sri Saksham Srivastava, learned counsels for the applicant, Sri Satish Kumar Tyagi, learned counsel for the informant and learned AGA for the State.

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The instant bail application has been filed on behalf of the applicant, Manish Chaudhary with a prayer to release him on bail in Case Crime No. 624 of 2016, under Sections 147, 148, 149, 307, 34, 326, 420, 120B I.P.C, Section 7 Criminal Law Amendment Act and Section 7/25, 27(2) Arms Act, Police Station Murad Nagar, District- Ghaziabad (U.P.) during pendency of trial.

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It has been submitted by the learned Senior Advocate that first information report was lodged against 8 to 10 unknown persons. The first informant has not taken name of any accused in the first information report. However, before the Court he has stated that he was aware of the name of the accused persons including the applicant but on account of being injured and in severe pain he could not name the accuseds in the first information report. He named the applicant after due deliberation and advise. He has further admitted that he could not tell the reason why he did not named the applicant and other accused persons in his statement under Sections 161 Cr.P.C recorded by the Investigating Officer. Co-accused, Nishant Bahadauria, has already been enlarged on bail by this Court vide in Criminal Misc. Bail Application No.39953 of 2019. The Trial is not likely to be concluded in near future. Out of 90 witnesses only 8 witnesses has been examined till date before the trial court.

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Per contra, learned AGA and Satish Kumar Tyagi, learned counsel for the informant, have opposed the prayer for bail of the applicant. Learned counsel for the informant has pointed out that applicant has criminal history of seven cases including the present case. The bail application of co-accused, Vicky, has already been rejected by this Court. The Trial is already under progress. There is no justification for enlarging the applicant on bail. Till date eight witnesses have been examined by the Trial Court.

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Having considered the material on record, 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 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 :-

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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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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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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.

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

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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.

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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 :- 16.6.2020 SS

Manish Chaudhary v. State of U.P.

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Manish Chaudhary v. State of U.P.

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