Allowed

Chandan and 2 Others v. State of U.P.

Allahabad HC13 Dec 2022BAIL/39962/2022

Case brief

AI extract

What is this about?

This Single Bench allowed a bail application seeking release of three accused persons under various IPC sections. The court granted bail on grounds of parity and lack of specific role leveled against applicants, without observing on merits of the case.

What did the court decide?

The applicants Chandan, Chandresh and Kanhaiya shall be released on bail on furnishing a personal bond and two sureties each.

Chandan and 2 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. - 39962 of 2022

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Applicant :- Chandan And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Yadav,Deepak Singh Yadav Counsel for Opposite Party :- G.A.,Bipin Kumar Tripathi

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Deepak Singh Yadav, the learned counsel for the applicants, Sri Dinesh Kumar Srivastava, the learned Additional Government Advocate, Sri Bipin Kumar Tripathi, the learned counsel for the informant and perused the record.

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The instant application has been filed seeking release of the applicants on bail in Case Crime No. 118 of 2021, under Sections 147, 323, 504, 506, 352, 427, 308 IPC, Police Station Jahanaganj, District Azamgarh 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. against ten named accused persons, including the applicants and 25 unknown persons, alleging that because of an old animosity and due to a quarrel amongst children at about 9:30 p.m. on 25.05.2021, the accused persons beaten up and assaulted the informant's son and when some other persons reached to save him, the accused persons have beaten up those persons also.

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In the statement of the informant as also the informant's injured son, he reiterated the F.I.R. allegations.

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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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The learned counsel for the applicants has submitted that coaccused Sudama Ram has already been granted bail by means of an order dated 05.12.2022 passed by this Court in Criminal Misc. Bail Application No. 53228 of 2022.

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The applicants are languishing in jail since 16.08.2022.

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Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail.

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Having considered the aforesaid facts and circumstances and keeping in view the fact that the F.I.R. assigns general role against all the accused persons and no specific role has been levelled against the applicants even in the statement of informant and that of the injured person and that one of the coaccused persons has already been granted bail and the applicants have no criminal history, I am of the view that the applicants are entitled to be released on bail on the ground of parity.

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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 Chandan, Chandresh and Kanhaiya @ Abhinath be released on bail in Case Crime No. 118 of 2021, under Sections 147, 323, 504, 506, 352, 427, 308 IPC, Police Station Jahanaganj, District Azamgarh 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 is 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 prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.

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Order Date :- 13.12.2022 Jaswant

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Digitally signed by JASWANT KUMAR Date: 2022.12.14 11:40:25 IST Reason: Location: High Court of Judicature at Allahabad

Chandan and 2 Others v. State of U.P.

Case brief

What is this about?

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Chandan and 2 Others v. State of U.P.

Case brief

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