Criminal Misc. Bail Application filed by Chamanjeet @ Chintu against the State of U.P. The court allowed bail. Conditions of bail including furnishing sureties were framed.
Release on bail by furnishing a personal bond and two sureties each in the like amount.
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Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20357 of 2022
Applicant :- Chamanjeet @ Chintu Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Singh Chauhan,Abhinav Gaur,Ankit Shukla,Mohd. Rashid Siddiqui Counsel for Opposite Party :- G.A.,Satyaveer Singh
Hon'ble Deepak Verma,J.
Heard Sri Anoop Trivedi, learned Senior Advocate assisted by Sri Ankit Shukla and Sri Abhinav Gaur, learned counsels for the applicant, Sri Sudhir Kumar Verma, Advocate holding brief of Sri Satyaveer Singh, learned counsel for the informant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.742 of 2021, registered under Sections 323, 302, 504, 506, 120-B I.P.C., Police Station Jahangirabad, District Bulandshahar during pendency of the trial.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The prosecution has no evidence against the applicant. The applicant is not principal offender. He next submitted that Rohit is main accused, who made fire and arrested on the spot. Applicant has been implicated on account of hatching conspiracy under Section 120-B I.P.C. Prosecution has no material/evidence to connect applicant with offence. He further contended that co-accused, namely, Jameel @ Bhura and Rajbala @ Bala have been granted bail by the co-ordinate Bench of this Court in Criminal Misc. Bail Application Nos.9768 of 2022 and 32944 of 2022 vide orders dated 19.04.2022 and 02.08.2022 respectively, hence, the applicant is also entitled for bail on the ground of parity. The applicant is languishing in jail since 12.01.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate in trial.
Learned A.G.A. as well as counsel for the informant has vehemently opposed the bail prayer of the applicant.
Considering the material available on record and keeping in view the nature of the offence, argument advanced on behalf of the parties, evidence on record regarding complicity of the
accused and the mandate laid down by Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Chamanjeet @ Chintu, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 17.8.2022
Nitin Verma
Digitally signed by NITIN KUMAR VERMA Date: 2022.08.18 17:13:17 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail in the non-bailable offence of murder and conspiracy.
Chamanjeet @ Chintu
State of U.P.
Deepak Verma
Nitin Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
