Allowed

Chandra Pakash v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC12 Apr 2023/2336/2023

Case brief

AI extract

What is this about?

The Court granted bail to the accused-applicant in a murder case. The trial proceedings and those of co-accused were stayed by the same Court, justifying release. Bail was granted with strict conditions for attendance and preventing misuse of liberty.

What did the court decide?

Release on bail with personal bond and two sureties subject to conditions regarding court attendance and prevention of abuse of bail.

Chandra Pakash Vs State of U.P. Thru. Prin… — Murder and Culpable Homicide | Allahabad HC (2023)

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2336 of 2023

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Applicant :- Chandra Pakash Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ajay Pratap Singh Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Ajay Pratap Singh, the learned counsel for the applicant as well as Sri Sri Niwas Bajpai, the learned A.G.A. for the State and perused the record.

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The present application under Section 439 Cr.P.C. has been filed seeking bail in Case Crime No. 55 of 2019, under Sections 302/34 IPC, Police Station Asandara, District Barabanki.

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As per the allegation in the FIR, the accused-applicant and three other co-accused on 5.2.2019 at around 7.30 AM killed the son of the complainant and threw his body in a pond. The police after investigating the offence, filed closure report. The complainant filed the protest petition against the closure report and on the basis of the two affidavits given by the two residents of the village, the accused-applicant and other co-accused have been summoned.

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Two co-accused persons Arjun Pathak and Santosh Kumar Tiwar have approached this Court by filing a petition under Section 482 Cr.P.C. bearing No. 5421 of 2021 and this Court considering the facts and circumstances of the case, had stayed the proceedings against them in the aforesaid case vide order dated 17.8.2022 and one of the co-accused Amit Kumar has already been granted bail by means of order dated 21.12.2022 passed by this Court in Criminal Misc. Bail Application No. 10833 of 2022.

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Learned counsel for the accused-applicant submits that since the trial proceedings have been stayed by this Court, there is no sign for early conclusion of the proceedings against the accused-applicant. Accused-applicant has been in jail since 29.10.2022.

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It has also been stated in the affidavit that the applicant was involved in Case Crime No. 285/2017 under Sections 147, 323, 504, 506 I.P.C and Section 3(1) Scheduled Castes and Scheduled Tribes Act, Police Station Asandara, District Barabanki and after investigation the police has submitted a final report in the aforesaid case which has been accepted by the Court concerned by means of an order dated 04.03.2020.

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Learned A.G.A has opposed the prayer for bail, but not disputed the aforesaid facts.

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Considering the above facts and circumstances of the case, coupled the fact that one of the co-accused has already been granted bail and trial in respect of the other two co-accused persons have been stayed by this Court, and without entering into the merit of the case, the applicant is entitled to be released on bail.

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Accordingly, this bail application stands allowed.

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Let applicant Chandra Pakash be released on bail in Case Crime No. 55 of 2019, under Section 302/34 IPC, Police Station Asandara, District Barabanki, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of

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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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his 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 him, 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 him in accordance with law.

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(Subhash Vidyarthi,J.)

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Order Date :- 12.4.2023 Preeti.

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Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench

Chandra Pakash v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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Chandra Pakash v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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