Allowed

Chandrapal Singh v. State of U.P.

Allahabad HC23 Sept 2021BAIL/17759/2021

Case brief

AI extract

What is this about?

The Allahabad High Court granted bail to the applicant in a criminal case under Section 368 IPC. The court found prima facie satisfaction in the case citing a Supreme Court precedent and released the applicant on personal bond and sureties subject to standard conditions.

What did the court decide?

Release of the applicant on bail with a personal bond and two sureties subject to specific conditions.

Chandrapal Singh Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17759 of 2021

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Applicant :- Chandrapal Singh Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Joshi,J.

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Heard Sri Rajesh Kumar Pandey, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed on behalf of the applicant seeking bail in Case Crime No.73 of 2021, under Section 368 I.P.C., Police Station Aurangabad, District Bulandshahr .during the pendency of trial.

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It is contended by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the present case. As per prosecution minor daughter of the informant went missing while she went to the temple on 15.02.2021. It is further contended that the first information was lodged against the co-accused, Arvind and the name of the applicant came into light during investigation as he is father of the co-accused, Arvind. It is next contended that the victim in her statement recorded under Section 164 Cr.P.C. clearly stated that she had gone with him on her own and performed marriage with the son of the applicant on 31.08.2021. It is also contended that the age of the victim as per High School Certificate is 21 years. Lastly it is contended that the applicant is in jail since 23.02.2021 having no previous criminal history to his credit and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.

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Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.

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Let the applicant, Chandrapal Singh involved in 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

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subject to following conditions. Further, before issuing the release order, the sureties be verified.

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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.

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

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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 computer generated copy of such order shall be self attested by the counsel of the party concerned.

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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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Order Date :- 23.9.2021

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S.P.

Chandrapal Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Chandrapal Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

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