Allowed

Kishan Chauhan @ Pandit and Another v. State of U.P.

Allahabad HC22 Sept 2022BAIL/34471/2022

Case brief

AI extract

What is this about?

This order grants bail to the applicants in a criminal case involving Sections 308, 323, 504, and 506 IPC. The court held that a case for bail was made out, allowing release subject to conditions including cooperation in trial and obtaining sureties.

What did the court decide?

Release on bail with a personal bond and two sureties each, subject to conditions regarding witness safety and trial cooperation.

Kishan Chauhan @ Pandit and Another Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34471 of 2022

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Applicant :- Kishan Chauhan @ Pandit And Another Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Tripathi,Anupama Tripathi Counsel for Opposite Party :- G.A.,Bipin Kumar,Mohd. Naushad Siddiqui

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Hon'ble Deepak Verma,J.

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Learned AGA has filed counter affidavit which is taken on record.

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Heard learned counsel for the applicants, Sri Bipin Kumar, learned counsel for the first informant as well as learned A.G.A. for the State and perused the record.

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The instant bail application has been filed with a prayer to release the applicants on bail in Case Crime No. 88 of 2022, registered under Sections 308, 323, 504, 506 IPC, Police Station Ali Nagar, District Chandauli, during pendency of the trial.

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Learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the present case due to ulterior motive, It is further submitted that the FIR has been lodged after three months of the incident, without explaining the delay in lodging the FIR. The applicant has not committed any offence as alleged in the FIR. Genera allegation has been assigned to all the accused persons for causing injuries to the injured. No specific role has been assigned to the applicants to cause the injuries on the head of injured. He further submitted that co-accused, namely, Narendra Chauhan @ Nagendra Chauhan has been granted bail by the co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 34310 of 2022, vide order dated 16.08.2022, hence, the applicants are also entitled for bail on the ground of parity. The applicants are languishing in jail since 21.07.2022. In case, the applicants str released on bail, they will not misuse the liberty of bail and co-operate in trial.

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Learned A.G.A. has opposed the bail prayer of the applicant.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , S.L.P.(Crl.) No. 5191 of 2021 , the

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Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicants, Kishan Chauhan @ Pandit and Vikash Chauhan, who are involved in the aforesaid case crime, be released on bail on their 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.

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The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicants shall cooperate in the trial sincerely without seeking any adjournment.

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The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 22.9.2022 v.k.updh.

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Digitally signed by VINOD KUMAR UPADHYAY Date: 2022.09.27 14:30:16 IST Reason: Location: High Court of Judicature at Allahabad

Kishan Chauhan @ Pandit and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kishan Chauhan @ Pandit and Another v. State of U.P.

Case brief

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What did the court decide?

What the court decided

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