Allowed

Anit Kumar Alias Chunia v. State of U.P.

Allahabad HC16 Mar 2021BAIL/13307/2021

Case brief

AI extract

What is this about?

In a bail application under Sections 379 and 411 IPC, the Single Judge held that the lack of identification evidence made it a fit case for bail, directing the release of the applicant on personal bond and sureties subject to standard conditions.

What did the court decide?

Release on bail by furnishing a personal bond and two reliable sureties subject to conditions of not committing offence, tampering evidence, pressurising witnesses and appearing regularly.

Anit Kumar Alias Chunia Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13307 of 2021

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Applicant :- Anit Kumar Alias Chunia Opposite Party :- State of U.P. Counsel for Applicant :- Bhuvnesh Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chand,J.

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Heard learned counsel for applicant(s), learned A.G.A. and perused the record.

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This bail application has been preferred by the accusedapplicant(s) Anit Kumar Alias Chunia who is involved in Case Crime No. 354 of 2020 under Sections 379 and 411 I.P.C. P.S.Noorpur District-Bijnor.

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Learned counsel for the applicant has submitted that the FIR of this case was registered against the unknown persons under section 379 IPC. Subsequently, on 15.11.2020 the applicant along with 4 other co-accused was apprehended by the police. One Motorcycle and liquor were shown to be recovered from the joint possession of the applicant and co-accused of which case crime no. 193 of 2020 was registered and on the basis of same recovery alleged Motorcycle has been connected with the present case crime. In Case Crime No. 193 of 220 the applicant has been enlarged on bail by the co-ordinate bench of this Court vide order dated 20.1.2021 in Criminal Misc. Bail Application No. 2138 of 2021. The criminal antecedent has been explained in para 29 of the affidavit filed in support of the bail application. The applicant has been languishing in jail since 6.11.2020.

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Learned AGA opposed the contentions made by learned counsel for the applicant.

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In the present case crime the recovery of the alleged Motorcycle is shown from the joint possession of the applicant and other co-accused. There is no evidence in regard to identification of the applicant by the informant.

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In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.

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Let applicant(s) Anit Kumar Alias Chunia be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the

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satisfaction of the court concerned with the following conditions:-

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(i) The applicant(s) shall not indulge in any criminal activity.

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(ii) The applicant(s) shall not tamper with the prosecution evidence.

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(iii) The applicant(s) shall not pressurize the prosecution witnesses.

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(iv) The applicant(s) shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.

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In case of default of any of the conditions enumerated above, liberty is given to the trial court to cancel the bail of the applicant(s) without any reference to this Court.

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Order Date :- 16.3.2021 SKS

Anit Kumar Alias Chunia v. State of U.P.

Case brief

What is this about?

What did the court decide?

Anit Kumar Alias Chunia 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

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