Allowed

Mithun Chauhan v. State of U.P.

Allahabad HC18 Oct 2021BAIL/29522/2021

Case brief

AI extract

What is this about?

The court refused the prosecution's opposite party's object to bail, invoked constitutional guarantees and precedents, and granted bail to the accused in a serious criminal case involving culpable homicide on execution of a personal bond.

What did the court decide?

The applicant-accused Mithun Chauhan is released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

Mithun Chauhan Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2021)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29522 of 2021

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Applicant :- Mithun Chauhan Opposite Party :- State of U.P. Counsel for Applicant :- Daya Shankar Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Joshi,J.

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Re: Order on Exemption Application

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Application is allowed.

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The applicant is exempted from filing certified copy of first information report dated 8.4.2021.

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Re: Order on Bail Application

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Heard Sri Sunil Kumar holding brief of Sri Daya Shankar, learned counsel for the applicant, learned AGA for the State and perused the record.

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This bail application has been filed on behalf of the applicant seeking bail in Case Crime No. 114 of 2021, under Sections 323, 504, 506, 304 IPC, Police Station Jiyanpur, District Azamgarh, during pendency of trial.

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It is contended by learned counsel for the applicant that the applicant is innocent and he has falsely been implicated in the present case. As per the first information report, which was initially lodged against the applicant and another co-accused Shivsaran Chauhan under Sections 323, 504, 506 IPC with the allegation that both the accused persons had abused and assaulted the husband of the informant with the help of lathi and danda, as a result thereof, he got seriously injured. It is next contended by learned counsel for the applicant that general allegation has been made against the applicant. From the allegation made in the first information report as well as statement of the informant/injured, it is not apparent that who is the author of the injuries caused to the injured.

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It is next contended by learned counsel for the applicant that subsequently the charge sheet was filed under Sections 323, 504, 506, 304 IPC. It is next submitted by learned counsel for the applicant that the offence under Section 304 IPC is culpable homicide not amounting to murder and the sentence is for imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. It is lastly contended that the applicant has criminal history of one case, which has been explained in paragraph 4 of the supplementary affidavit, in which he has been released on bail. He is in jail since 23.04.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. There is no prospect of trial of the present case

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being concluded in near future due to heavy dockets.

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Learned AGA appearing for the State vehemently opposed the prayer for bail but could not dispute the aforesaid facts and legal submissions as argued by the learned counsel for the applicant.

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Having heard submissions of learned counsel of both sides, considering nature of accusation, severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction in support of the charge, reformative theory of punishment, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, (2018) 3 SCC 22 , without expressing any view on the merits of the case, I find it to be a case of bail.

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Let the applicant- Mithun Chauhan involved in the aforesaid crime be released on bail, on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with the following conditions:

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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 :- 18.10.2021 Noman

Mithun Chauhan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mithun Chauhan v. State of U.P.

Case brief

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What did the court decide?

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