Allowed

Gurmehar Singh Chima v. State of U.P.

Allahabad HC10 Oct 2022BAIL/20486/2021

Case brief

AI extract

What is this about?

This single-judge bail order rejected the State's opposition considering the applicant's study abroad, no prior record, and available prosecution evidence, granting interim bail subject to personal bond and strict conduct conditions.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties each, subject to conditions against tampering with evidence or influence.

Gurmehar Singh Chima Vs State of U.P. — Quashing and FIR | Allahabad HC (2022)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20486 of 2021

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Applicant :- Gurmehar Singh Chima Opposite Party :- State of U.P.

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Counsel for Applicant :- Mahabir Yadav,Abhishek Tiwari,Najakat Ali,Rajrshi Gupta

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Counsel for Opposite Party :- G.A.,Gauri Dubey,Gautam Dubey

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Rajrshi Gupta and Sri Abhishek Tiwai, Advocates, the learned counsel for the applicant, Ms. Gauri Dubey, Advocate, the learned counsel for the informant and Sri Shashi Shekhar Tiwari, the learned Additional Government Advocate and perused the record.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0360 of 2020, under Sections 147, 148, 149, 307 IPC, Police Station Bilaspur, District Rampur during pendency of the trial in the Court below.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 11.10.2022 against five named accused persons, including the applicant, alleging that all the accused persons had stopped the informant and his companion Amrit Pal Singh while they were travelling in a car and the accused persons had indiscriminately fired gun shots at the persons sitting in the car. The injured persons were taken for treatment to a private hospital in Nainital, Uttarakhand, which is about 30 kilometers away from the place of the incident. During investigation, the doctor who had conducted the medical examination of Amrit Pal Singh stated that the injured has received a gun shot injury as told by the patient himself. The other injured person Tarandeep Singh has suffered pallet injuries and a supplementary report issued by the private hospital situated in Uttarakhand mentioned that he has to be operated and that the injuries were grievous in nature.

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5.In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case and that he has no criminal history.

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It has further been stated in the affidavit that the applicant is studying at Melbourne, Australlia and he had come to his native place during spread of Covid-19 and that he has no motive to commit the alleged offence. It has further been stated that initially the police had submitted chargesheet only against two accused person- the applicant and co-accused Jagroop Singh. The other three coaccused persons have been summoned subsequently to face the trial.

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It has been stated in the supplementary affidavit that the trial is proceeding and statement of the informant and one of the injured persons has already been

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recorded.

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Per contra, the learned Additional Government Advocate has vehemently opposed the prayer for grant of bail.

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Having considered the aforesaid facts and circumstances and keeping in view the fact that the applicant was studying at Melbourne, Australlia prior to the incident; that in the testimony of the witnesses it has been stated that there was old animosity between the parties but no particulars thereof have been mentioned and also keeping in view the fact that the applicant has no criminal history, I am of the view that the applicant is entitled to be released on bail in the present case.

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In light of the preceding discussion and without making any observation on the merits of the case, the instant bail application is allowed .

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Let the applicant Gurmehar Singh Chima be released on bail in Case Crime No. 0360 of 2020, under Sections 147, 148, 149, 307 IPC, Police Station Bilaspur, District Rampur on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.

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Order Date :- 10.10.2022 Deepika

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Digitally signed by DEEPIKA SINGH Date: 2022.10.12 16:47:24 IST Reason: Location: High Court of Judicature at Allahabad

Gurmehar Singh Chima v. State of U.P.

Case brief

What is this about?

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Gurmehar Singh Chima v. State of U.P.

Case brief

What is this about?

What did the court decide?

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