Allowed

Narendra @ Chhotu and 2 Others v. State of U.P.

Allahabad HC16 Dec 2021BAIL/44176/2021

Case brief

AI extract

What is this about?

The court allowed a bail application filed by Narendra @ Chhotu and two others under Section 439 Cr.P.C. in a case involving sections 411 and 414 IPC. Granting bail based on parity with a co-accused who had already been released on bail by a co-ordinate bench.

What did the court decide?

Applicants released on bail requiring a personal bond and two sureties as per standard conditions.

Narendra @ Chhotu and 2 Others Vs State of U.P. — Cheque Dishonour | Allahabad HC (2021)

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Court No. - 88

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44176 of 2021

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Applicant :- Narendra @ Chhotu And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Ajit Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Anil Kumar Ojha,J.

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Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

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This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicants Narendra @ Chhotu, Pramod and Rohit seeking enlargement on bail during trial in connection with Case Crime No. 295 of 2021, under Sections 414, 411 I.P.C. P.S.- Khekda, District- Baghpat.

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Submission of learned counsel for the applicants is that the applicants are innocent and have been falsely implicated. Entire prosecution story is false. There is no independent witnesses of the alleged recovery. Nothing has been recovered from the possession of the applicants or on their pointing out. He further submitted that co-accused Mohit @ Tigar has already been granted bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 43310 of 2021, vide order dated 28.10.2021 and claimed parity as the case of the applicants stands at par with the case of co-accused Mohit @ Tigar. He next submitted that the applicants are languishing in jail since 02.08.2021.

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Per contra, learned A.G.A. opposed the prayer for bail, however, conceded the factum of parity.

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Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of accused and all other attending circumstances were duly considered.

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In view of the above on the ground of parity, a case for bail is made out.

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Accordingly, the bail application is allowed .

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Let the applicants Narendra @ Chhotu, Pramod and Rohit involved in the aforesaid case crime, be released on bail on their furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions;

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The applicants shall not tamper with the evidence or threaten the witnesses.

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The applicants shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.

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During trial, they shall not indulge in any criminal activities.

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In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.

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Order Date :- 16.12.2021 v.k.updh.

Narendra @ Chhotu and 2 Others v. State of U.P.

Case brief

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What did the court decide?

Narendra @ Chhotu and 2 Others v. State of U.P.

Case brief

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What the court decided

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