Allowed

Kuldeep Chaprana v. State of U.P.

Allahabad HC3 Feb 2022BAIL/1388/2022

Case brief

AI extract

What is this about?

The court allowed bail to Kuldeep Chaprana who was charged under Sections 302, 34, and 120B IPC. The court held that since the role of shooting was assigned to a co-accused and the applicant had no criminal history, the application was allowed as no guilt was shown.

What did the court decide?

Release on bail with a personal bond and two sureties; benefit not to extend to the co-accused Monu Kumar.

Kuldeep Chaprana Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2022)

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1388 of 2022

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Applicant :- Kuldeep Chaprana Opposite Party :- State of U.P. Counsel for Applicant :- Ardhendu Shekhar Sharma,Ram Babu Sharma Counsel for Opposite Party :- G.A.,Samarth Sinha,Vijay Sinha

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Hon'ble Arvind Kumar Mishra-I,J.

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Heard Sri Ram Babu Sharma, learned counsel for the applicant, Sri Samarth Sinha, Sri Vijay Sinha, learned counsel for the informant as well as learned A.G.A. for the State of U.P and perused the material available on record.

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Contention, in brief, is that in this case, no offence, whatsoever, had been committed nor had the applicant any motive to commit the offence in question. The very application of various Sections of I.P.C. by itself is indicative of fact that involvement of the applicant has been brought in by applicability of Section 34 and 120B I.P.C. It so happened that the matter was being investigated by the Investigating OfÏcer. The applicant along with co-accused were arrested on 25.08.2021 and the accused Monu Kumar was also arrested on 28.08.2021.

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Now it so happened that the accused Monu Kumar confessed to have shot on the deceased Pawan @ Jassi, therefore, the case under Section 3/5/25/27 Arms Act was lodged against the main accused Monu, whereas, the applicant is said to have committed offence under Section 302, 120-B, 34 I.P.C. Assuming it to be that any offence has been committed even then the role of shooting has been assigned to the accused Monu Kumar, therefore, the case of the present applicant becomes entirely distinguishable from the accused Monu Kumar. No role, whatsoever, has been played by the present applicant in the alleged incident. Mere presence of the applicant on the spot would not fasten any culpability on the

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applicant. In case the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant does not bear any criminal history and he is languishing in jail since 27.08.2021.

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Learned counsel for the informant has contended that insofar as the first information report is concerned, the applicant has been specifically named therein and the offence committed has also been described in the first information report. The applicant was privy to the contract, he shared common intention. The common intention provides that act of one becomes of all with the same penal liability.

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Learned A.G.A. has adopted the contention of the learned counsel for the informant.

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Upon consideration of facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed.

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Let the applicant Kuldeep Chaprana involved in Case Crime No.697 of 2021, under Sections 302, 34, 120B I.P.C., Police Station Soorajpur, District Gautam Budh Nagar, be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.

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It is made clear that advantage of this bail order will not go to the accused Monu who has been assigned the role of shooting on the deceased.

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The observation made in this order is confined only to the disposal of this bail application and shall not travel beyond it.

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Order Date :- 3.2.2022

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rkg

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Digitally signed by RAKESH KUMAR GAUTAM Date: 2022.02.09 12:00:50 IST Reason: Location: High Court of Judicature at Allahabad

Kuldeep Chaprana v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kuldeep Chaprana v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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