Court granted bail to Chandrashekhar Guddu in a case involving offences under IPC Sections 304, 323, 427, 308, and 325. Bail was allowed on personal bond and sureties without addressing merits.
Bail granted on furnishing personal bond and two local sureties with specific conditions of appearance and undertaking not to seek adjournments.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8340 of 2021
Applicant :- Chandrashekhar @ Guddu Opposite Party :- State of U.P. Counsel for Applicant :- Ashwini Kumar Singh,Abhinav Gaur, Vibhu Rai Counsel for Opposite Party :- G.A., Deepak Singh
Hon'ble Ajit Singh,J.
Heard learned senior counsel Shri Anoop Trivedi assisted by Shri Vibhu Rai for the applicant, learned A.G.A. for the State and perused the entire record.
However, no one has responded for the opposite side. Shri Deepak Singh, learned counsel for the opposite side was tried to be contacted, but he was found to be out of range. In this situation the present bail application is being heard with the assistance of the learned senior counsel for appellant as well as learned AGA.
The present bail application has been filed by the applicant in Case Crime No. 212 of 2020, under Sections 323, 427, 308, 325, 304, 504 IPC, Police Station - Chandwak, District - Jaunpur with the prayer to enlarge the applicant on bail.
Initially, an NCR was lodged at the concerned police station against the four accused persons by the complainant. Later on, during the investigation offence under Section 308 IPC was added and when the injured died, the charge of the offence punishable under Section 304 IPC was also levelled against the accused persons.
The contention as raised at the Bar by learned senior counsel for the applicant is that applicant-accused has been falsely implicated in the present case. It is argued that general allegations were levelled against all the accused persons including the present applicant and co-accused Bharat Bhushan has already been granted bail by another bench of this Court, vide order dated 07.04.2021 passed in Criminal Misc. Bail Application No. 7442 of 2021 and role assigned to the present accused applicant Chandrashekhar @ Guddu is similar to the co-accused who has been granted bail. Lastly, it is argued that the applicant is in jail since 27.11.2020 and that in case applicant is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail. But he has admitted the plea of bail parity of the accused applicant with co-accused Bharat Bhushan.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let applicant Chandrashekhar @ Guddu involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-
(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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;
(2). The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;
(3). In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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.
Order Date :- 21.6.2021 LBY
1 issue framed by the court
Whether visa in the bail application is made out in the facts and circumstances of the case.
3 provisions across 2 enactments
Chandrashekhar @ Guddu
State of U.P.
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
