Allowed

Ajay Chauhan v. State of U.P.

Allahabad HC12 Sept 2022BAIL/35483/2022

Case brief

AI extract

What is this about?

The Court granted bail to the applicant in a criminal case involving sections 147, 323, 325 IPC, among others. The decision relied on the fact that a co-accused had already been released on bail, without expressing an opinion on the merits of the prosecution case.

What did the court decide?

Applicant released on bail with personal bond and two sureties, subject to conditions regarding attendance at trial proceedings and prohibition of seeking adjournments.

Ajay Chauhan Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35483 of 2022

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Applicant :- Ajay Chauhan Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay,Vinod Kumar Maurya Counsel for Opposite Party :- G.A.

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Hon'ble Piyush Agrawal,J.

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Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.

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The present bail application has been filed by the applicant seeking bail in Case Crime No. 100/2020, under Sections 147, 323, 325, 504, 506, 308 IPC, Police Station- Taraya Sujan, District - Kushinagar.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present crime. He further submits that no incident took place at the institution of Subhash Chandra Bose Public School, where the brother of the applicant is the Principal. He further submits that there is no credibility and sanctity in the prosecution case as mentioned in the FIR. He further submits that there is no previous criminal history against the applicant. It is stated that after taking note of entire facts and circumstances of the case, coaccused, namely, Vijay Chauhan, has already been enlarged on bail by this Court vide order dated 22.07.2022 passed in Criminal Misc. Bail Application No. 2548/2022. Accordingly, the applicant is also entitled for bail on the ground of parity. It is also submitted that there is no apprehension that after being released on bail, the applicant may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 03.06.2022 and the possibility of conclusion of trial in near future is very bleak.

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Learned A.G.A. has, however, opposed the prayer for grant of bail, but he has not disputed the above contention made by the learned counsel for the accused-applicant that co-accused have already been released on bail.

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Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and keeping in mind that co-accused have already been released on bail by this Court and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.

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Let applicant, namely, Ajay Chauhan, be released on bail in the aforesaid Case Crime Number on furnishing 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 shall file an undertaking to the effect that the applicant shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through counsel. In case of absence, without sufficient cause, the trial court may proceed against the applicant under Section 229-A of the Indian Penal Code.

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(iii) In case the applicant misuse the liberty of bail during trial and in order to secure the applicant's presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against the applicant, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If, in the opinion of the trial court, absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against the applicant in accordance with law.

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Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.

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Order Date :- 12.9.2022 Amit Mishra

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(Piyush Agrawal,J.)

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Digitally signed by AMIT KUMAR MISHRA Date: 2022.09.12 16:22:08 IST Reason: Location: High Court of Judicature at Allahabad

Ajay Chauhan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ajay Chauhan v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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