Allowed

Bal Chandra v. State of U.P.

Allahabad HC22 Feb 2021BAIL/23379/2019

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by Bal Chandra in a criminal trial under Section 376 IPC. The court was satisfied that there was no convincing material indicating tampering with evidence, noting the contradictions in the victim's statement and the age disparity.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties, subject to conditions prohibiting tampering with evidence, ensuring court attendance, and avoiding misuse of liberty.

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

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23379 of 2019

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Applicant :- Bal Chandra Opposite Party :- State of U.P. Counsel for Applicant :- Jaysingh Yadav,Ravindra Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Gautam Chowdhary,J.

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Learned A.G.A. files counter affidavit today, taken on record.

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Heard Sri Jai Singh Yadav. learned counsel for the applicant, learned counsel for the State and perused the material on record.

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This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Bal Chandra , seeking enlargement on bail during trial in connection with Case Crime No. 30 of 2019, under Section 376 I.P.C. registered at P.S.- Jakhlaun, District- Lalitpur.

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Learned counsel for the applicant argued that applicant has been falsely implicated in the present case due to ulterior motive. Further argued that the field of the applicant has been taken by the victim on rent and rent was not paid by the victim, due to this dispute the applicant has been implicated in this case. Next argued that there are contradictions in the statement of the victim recorded under sections 161 and 164 Cr.P.C. Further argued that the age of the applicant is 30 years whereas the age of the victim is 70 years and she is having three sons. The age of the eldest son of the victim is 55 years and medical report also does not support the prosecution version. It is further argued that the applicant has no previous criminal antecedents and is in jail since 15.03.2019.

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Per contra, learned AGA opposed the prayer for bail.

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After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

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Let the applicant- Bal Chandra be released on bail in the aforesaid case crime number on furnishing a personal bond and

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two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C.

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(V) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 229A IPC.

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(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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The bail application is allowed.

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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 :- 22.2.2021

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RPD

Bal Chandra v. State of U.P.

Case brief

What is this about?

What did the court decide?

Bal Chandra 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

Statutes considered

Parties & counsel

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