Allowed

Brijesh Kumar Chaurasia v. State of U.P.

Allahabad HC18 Oct 2022BAIL/34173/2022

Case brief

AI extract

What is this about?

In this bail application, the High Court of Judicature at Allahabad granted bail to the applicant. The court observed that the applicant was implicated based on statements of co-accused persons, two of whom had already been released on bail, establishing a claim of parity. The applicant was ordered released on a personal bond with two sureties.

What did the court decide?

Applicant Brijesh Kumar Chaurasia is released on bail in Case Crime No. 313 of 2021 on furnishing a personal bond and two reliable sureties.

Brijesh Kumar Chaurasia 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. - 34173 of 2022

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Applicant :- Brijesh Kumar Chaurasia Opposite Party :- State of U.P. Counsel for Applicant :- Sugendra Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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1.Heard Sri Sugendra Kumar Yadav, the learned counsel for the applicant, Sri D.K. Srivastava, the learned A.G.A. for the State and perused the record.

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2.The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 313 of 2021, under Sections 379, 411 I.P.C., P.S. Bankata, District Deoria.

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3.The aforesaid case has been registered on the basis of an F.I.R. alleging theft of a motor cycle.

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The police claimed to have arrested (i) Mohd. Asif Ansari @ Sonu and (ii) Beeru Kumar in Case Crime No. 319 of 2021 and it is alleged that they implicated the applicant and some other persons allegedly that they have been involved in several other cases of theft committed by them. On the basis of their statements, the applicant was arrested. The case in the applicant was arrested, has been registered as Case Crime No. 319 of 2021, under Sections 41, 411, 413, 414, 467, 468, 473 I.P.C., P.S. Bankata, District Deoria, in which the applicant has already bail by means of an order dated 11-08-2022 passed by this Court in Criminal Misc. Bail Application No. 33986 of 2022.

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5.The learned counsel for the applicant has submitted that the co-accused Preetam Chauhan and Mohd. Asif Ansari @ Sonu have already been granted bail by means of an orders dated 2305-2022 and 12-07-2022 passed in Criminal Misc. Bail Application Nos. 12161 of 2022 and 23320 of 2022.

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6.It is further submitted by the learned counsel for the applicant that the case set up against the applicant is similar to that set up against the other co-accused persons, who have already been released on bail, therefore, the applicant is also entitled to be released on bail on the ground of parity.

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7.It has been averred in the affidavit filed in support of the bail application that the applicant is an innocent person, he has been falsely implicated in the case, he is having no previous criminal history and he is in jail since 24-12-2021.

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8.Having considered the aforesaid facts and submissions and keeping in view the fact that the applicant has been implicated in the present case on the basis of statements of co-accused persons and that two of the co-accused persons have been granted bail, I am of the view that the applicant is entitled to be released on bail pending conclusion of the trial. The bail application is accordingly allowed.

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9.Let the applicant - Brijesh Kumar Chaurasia be released on bail in Case Crime No. 313 of 2021, under Sections 379, 411 I.P.C., P.S. Bankata, District Deoria on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to 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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10.In case of breach of any of the above condition, the prosecution shall be at liberty to move an application bail before this Court seeking cancellation of bail.

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Order Date :- 18.10.2022

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pks

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Digitally signed by PANKAJ KUMAR SRIVASTAVA Date: 2022.10.19 11:40:13 IST Reason: Location: High Court of Judicature at Allahabad

Brijesh Kumar Chaurasia v. State of U.P.

Case brief

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Brijesh Kumar Chaurasia v. State of U.P.

Case brief

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