Allowed

Shyamji @ Chakoi and 4 Others v. State of U.P.

Allahabad HC11 Nov 2022BAIL/32528/2022

Case brief

AI extract

What is this about?

This judgment grants bail to five applicants charged under Section 308 IPC involving a violence incident between two groups. The court noted injuries on both sides, opposing FIRs, and lack of prior criminal record, ordering release on personal bond and two sureties.

What did the court decide?

Applicants released on bail on furnishing personal bond and two sureties each in like amount, subject to specific conditions regarding trial participation and evidence tampering.

Shyamji @ Chakoi and 4 Others Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32528 of 2022

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Applicant :- Shyamji @ Chakoi And 4 Others Opposite Party :- State of U.P. Counsel for Applicant :- B.B.Rai,Ajitabh Choubey,Shailendra Kumar Singh Counsel for Opposite Party :- G.A.,Jai Prakash Rai,Sudhir Kumar Agarwal

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Shailendra Kumar Singh, the learned counsel for the applicants, Sri Dinesh Kumar Srivastava, the learned Additional Government Advocate, Sri Sudhir Kumar Agarwal and Sri Jay Prakash Rai, the learned counsel for the informant and perused the record.

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Second Supplementary Affidavit filed today is taken on record.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0007 of 2022, under Section 308 IPC, Police Station Jansa, District Varanasi 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 against five named accused persons, including the applicant, alleging that on 09.01.2022, some goats of the applicants were damaging the crops standing in the informant's field and when he complained about it, all the accused persons had beaten up the informant and his nephew causing serious injuries on the head of the informant. The medico legal examination report of the informant has been annexed with the counter affidavit filed on behalf of the informant which mentions injuries to be dangerous to life and grievous in nature.

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In the affidavit filed in support of the bail application, it has been stated that the applicants are innocent and they have been falsely implicated in the present case and they have no criminal history.

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It has further been stated in the affidavit that the incident took place due to a quarrel between the persons of the two sides, in which three persons from the applicants' side also suffered injuries. Copies of the injuries report of three persons from the applicants' side have been annexed with the supplementary

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affidavit, as per which all the three persons have suffered numerous injuries in the incident.

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It has further been stated in the affidavit that the applicant tried to lodge a report but the Police did not lodge his report and, therefore, an application under Section 156 (3) Cr.P.C. was filed which was allowed and ultimately the First Information Report bearing Case Crime No. 0058 of 2022 was lodged on 11.03.2022 against five named accused persons, including the two brothers of the informant.

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Per contra, the learned Additional Government Advocate as well as the learned counsel for the informant have opposed the prayer for grant of bail.

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Having regard to the aforesaid facts and submissions and keeping in view the fact that the persons from both the sides have suffered numerous injuries in the incident; that the F.I.R. of the incident has been lodged from both the sides; that the applicants have no criminal history and they are languishing in jail since 04.06.2022, I am of the view that the applicants are entitled to be released on bail.

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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 applicants Shyamji @ Chakoi, Mahendra, Ashish @ Pandit, Virendra and Deelip Rajbhar be released on bail in Case Crime No. 0007 of 2022, under Section 308 IPC, Police Station Jansa, District Varanasi 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 applicants will not tamper with the evidence during the trial.

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(ii) The applicants will not influence any witness.

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

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(iv) The applicants 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

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prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.

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Order Date :- 11.11.2022 Jaswant

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Digitally signed by JASWANT KUMAR Date: 2022.11.14 13:16:40 IST Reason: Location: High Court of Judicature at Allahabad

Shyamji @ Chakoi and 4 Others v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shyamji @ Chakoi and 4 Others v. State of U.P.

Case brief

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What did the court decide?

What the court decided

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