Allowed

Chandan Bharati v. State of U.P.

Allahabad HC19 Apr 2022BAIL/7146/2022

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application No. 7146 of 2022 regarding Crime No. 03 of 2022 under Sections 147, 323, 308, 504, 506 IPC at Police Station Phoolpur, District Varanasi. The High Court allowed the bail application, finding merit in the applicant's claim of false implication and lack of criminal history, and released him on personal bond and two sureties.

What did the court decide?

Applicant Chandan Bharati released on bail on furnishing a personal bond and two sureties, subject to standard conditions.

Chandan Bharati Vs State of U.P. — Quashing and FIR | Allahabad HC (2022)

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7146 of 2022

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Applicant :- Chandan Bharati Opposite Party :- State of U.P. Counsel for Applicant :- Sudarshan Singh Counsel for Opposite Party :- G.A.,Brahm Prakash Mishra

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Hon'ble Ajay Bhanot,J.

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Counter affidavit filed on behalf of the State is taken in the record.

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By means of this bail application, the applicant has prayed to be enlarged on bail in Case Crime No. 03 of 2022 at Police Station Phoolpur District Varanasi under Sections 147, 323, 308, 504, 506 I.P.C. The applicant is in jail since 06.05.2022.

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The bail application of the applicant was rejected by learned Sessions Judge, Varanasi on 03.02.2022.

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Shri Sudarshan Singh, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The criminal proceedings arise out of argument over a land dispute which suddenly turned violent. The F.I.R. assigns a general and vague role to the applicant in the assault. The applicant has not been identified as the principal offender who inflicted any grievous injury on the injured persons. As per the medical report, the injured persons from the informant side have not suffered any life threatening injuries. The injuries have been sustained on non vital parts of the

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body. The nature of the injuries on the injured establishes that the applicant never had any intent to kill. This is a cross case. A number of persons from the applicant's side have also suffered injuries. The applicant did not exceed the right of self defence. Learned counsel for the applicant contends that the applicant does not have any criminal history apart from this case.

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Shri Nafees Ahmad, learned AGA for the State and Shri Brahm Prakash Mishra, learned counsel for the informant could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not dispute the fact that the applicant does not have any criminal history apart from this case.

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I see merit in the submissions of learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Chandan Bharati be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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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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In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 19.4.2022 Dhananjai

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Digitally signed by DHANANJAI Date: 2022.04.24 14:22:49 IST Reason: Location: High Court of Judicature at Allahabad

Chandan Bharati v. State of U.P.

Case brief

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Chandan Bharati v. State of U.P.

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