Allowed

Cnand Tara v. State of U.P.

Allahabad HC13 Oct 2022BAIL/38663/2022

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application filed by Chand Tara in proceedings involving sections 147, 148, 323, 324, 307, 504, 506, 325 IPC and Section 7 of Criminal Law Amendment Act. The applicant prayed for bail, citing grievous injury, lack of criminal history, and co-accused bail status. The Court allowed the bail application without expressing an opinion on the merits of the case.

What did the court decide?

Release of applicant on bail by furnishing a personal bond and two sureties to the satisfaction of the court concerned.

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

¶1

Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38663 of 2022 Applicant :- Chand Tara Opposite Party :- State of U.P. Counsel for Applicant :- Juned Alam Counsel for Opposite Party :- G.A.

¶2

Hon'ble Mayank Kumar Jain,J.

¶3

Learned counsel for the applicant prays for and is permitted to correct the array of the parties during the course of the day.

¶4

Counter affidavit filed by learned A.G.A. is taken on record.

¶5

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

¶6

The present bail application has been filed on behalf of applicant, who is involved in Case Crime No. 334 of 2019, under Sections 147, 148, 323, 324, 307, 504, 506, 325 IPC and section 7 of Criminal Law Amendment Act, Police Station Tarya Sujan, District Kushi Nagar, with the prayer to enlarge the applicant on bail.

¶7

It is argued by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. It is further submitted that no specific role has been assigned to the applicant. It is next submitted that from the side of applicant, first information report has also been lodged against the complainant and other accused persons as Case Crime No. 348 of 2019 against the complainant and other accused persons. It is also submitted that the applicant has received grievous injuries as her left hand from the wrist was amputated, copy of injury report of applicant has been annexed as annexure No. 11 to the bail application. It is also stated that both sides have received injuries in the alleged incident. Learned counsel for the applicant also submitted that prior to the alleged incident, an FIR has also been lodged by the husband of the applicant as Case Crime No. 400 of 2018, copy whereof has been annexed as annexure No. 14 to the bail application. Learned counsel for the applicant further contended that there is a property dispute between the parties and a suit No. 1375 of 2018 is pending before the court of Civil Judge (J.D.) Kasya, Kushinagar, copy of plaint has been filed as annexure No. 13 to the bail application. It is also submitted by the learned counsel for the applicant that co-accused namely, Shamsul Haq and Masum Ahatsham have already been granted bail by co-ordinate Bench of this Court vide orders dated 16.09.2016 and 19.09.2019

¶8

passed in Criminal Misc. Bail Application No. 35433 of 2019 and 37542 of 2019 respectively, therefore the applicant is also entitled to be released on bail. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence.The applicant is languishing in jail since 31.07.2022. The applicant does not have any criminal history to her credit. In case, the applicant is released on bail, she will not misuse the liberty of bail.

¶9

Learned A.G.A. has opposed the prayer for bail.

¶10

Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, gravity of offence, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶11

Let the applicant Chand Tara, involved in the aforesaid crime be released on bail on furnishing a personal bond and two sureties to the satisfaction of court concerned subject to the following conditions:

¶12

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

¶13

(2) The applicant will not influence any witness.

¶14

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

¶15

(4) The applicant shall not directly or indirectly make any 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.

¶16

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.

¶17

It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.

¶18

Order Date :- 13.10.2022/Sazia

¶19

Digitally signed by SAZIA AQUIL Date: 2022.10.13 16:14:46 IST Reason: Location: High Court of Judicature at Allahabad

Cnand Tara v. State of U.P.

Case brief

What is this about?

What did the court decide?

Cnand Tara v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Shiv Ram Vs State of U.P. and Others

Suman and Another Vs State of U.P. and 3 Others

Smt. Pooja Kumari and Another Vs State of U P and 3 Others

Masroor Khan Vs State of U.P.

Navmi Sonkar Vs State of U.P.

Sanju Yadav Vs State of U.P.