Allowed

Chandra Prakash v. State of U.P.

Allahabad HC20 Jul 2022BAIL/14841/2022

Case brief

AI extract

What is this about?

This bail application by Chandra Prakash, accused of abetting suicide and criminal breach of trust, was allowed. The High Court granted bail subject to personal bond, sureties, and specific conditions regarding court appearances and summons compliance, citing Article 21 and Dataram Singh.

What did the court decide?

Released on bail on furnishing a personal bond and two sureties each in like amount, subject to specific conditions regarding court appearance and summons compliance.

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

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14841 of 2022

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Applicant :- Chandra Prakash Opposite Party :- State of U.P. Counsel for Applicant :- Anshul Tiwari,Prateek Kumar Srivastava,Sr. Advocate

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Counsel for Opposite Party :- G.A.,Mahendra Tripathi

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri V.P. Srivastava, learned Senior Advocate assisted by Sri Prateek Kumar Srivastava appearing on behalf of the applicant, Sri Mahendra Tripathi, learned counsel appearing on behalf of the first informant/complainant, Sri Sanjay Singh, learned A.G.A.-I, appearing on behalf of the State and perused the material brought on record.

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It is contended by learned counsel for the applicant that applicant has been falsely implicated in the present case due to malicious intention just to divert the case on other track. The applicant is a Constable in Uttar Pradesh Police and cannot dare to commit such an offence as alleged. The applicant is friend of husband of the deceased and due to highhandedness of her in-laws deceased left her matrimonial house and came in the house of applicant as tenant. The deceased and her children were not being maintained by in-laws for which she has filed case under section 125 Cr.P.C. and also complaint under section 12 of Domestic Violence. The applicant being friend of the husband of deceased helped the deceased financially and transferred handsome amount in the account of deceased for operation of her son, which created suspicion. The applicant has no motive to commit the alleged offence. The applicant has no concern with the alleged incident. The applicant has neither harassed or mentally compelled the deceased to commit suicide. As a matter of fact, out of matrimonial dispute deceased committed suicide. There is no such evidence which may show any such abatement made by the applicant which may compel the deceased to commit suicide. From the Diary note of the deceased it also reveals that earlier also she tried to commit suicide. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It is further submitted that there is no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses. Applicant is in jail since 10.01.2022, and undertakes that he will not misuse the liberty, if granted.

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Learned A.G.A. has vehemently opposed the bail prayer of the applicant without disputing the aforesaid submissions of the learned counsel for the applicant and submitted that in case applicant is released on bail he will misuse the liberty of bail.

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Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment , and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex

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Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merits of the case, I find it to be a case of bail.

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Let applicant- Chandra Prakash, be released on bail arising out of Case Crime No. 21 of 2022, under Sections - 306, 406 IPC, Police StationAtmaddaulla, District- Agra, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:- :-

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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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(ii) 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.

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(iii) 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. is issued and the 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 of the Indian Penal Code.

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(iv) 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 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.

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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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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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Order Date :- 20.7.2022

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ssm

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Digitally signed by SYED SALMAN MANSOOR Date: 2022.07.20 16:26:52 IST Reason: Location: High Court of Judicature at Allahabad

Chandra Prakash v. State of U.P.

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Chandra Prakash v. State of U.P.

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