Allowed

Chandan Kumar Bharati v. State of U.P.

Allahabad HC17 Mar 2023BAIL/11648/2023

Case brief

AI extract

What is this about?

The Court allowed bail to the applicant in a case under the U.P. Gangsters Act, finding it a fit case based on parity with co-accused and absence of opposition to equity, subject to strict conditions regarding evidence interference and appearances.

What did the court decide?

Applicant released on bail via personal bond and two sureties subject to conditions of not tampering with evidence, not threatening witnesses, and appearing as fixed.

Chandan Kumar Bharati Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

¶1

Court No. - 92

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11648 of 2023

¶3

Applicant :- Chandan Kumar Bharati Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Pandey Counsel for Opposite Party :- G.A.

¶4

Hon'ble Ms. Nand Prabha Shukla,J.

¶5

Heard learned counsel for the applicant and learned A.G.A. for the State.

¶6

This is a bail application on behalf of the applicant in connection with Case Crime No. 207 of 2022, under Sections 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Khanpur, District-Ghazipur.

¶7

It is submitted by learned counsel for the applicant that similarly placed co-accused Anant Kumar @ Bablu, Shivam Singh, Rudal Sagar, Sonu Kumar and Bipin Kumar have already been enlarged on bail by other coordinate Benches of this Court by order dated 14.12.2022, 19.12.2022, 23.1.2023, 27.01.2023 and 06.02.2023 passed in Criminal Misc. Bail Application Nos. 56034 of 2022, 56879 of 2022, 78 of 2023, 58935 of 2022, 761 of 2023 respectively. Copies whereof have been annexed as Annexure '5' of the bail application. He further submitted that since the role of the applicant is identical to that of co-accused Anant Kumar @ Bablu, Shivam Singh, Rudal Sagar, Sonu Kumar and Bipin Kumar, who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. Lastly he submitted that the applicant is languishing in jail since 07.02.2023 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

¶8

Learned AGA has opposed the bail plea. However, learned A.G.A. does not dispute the factum of parity.

¶9

Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

¶10

Accordingly, the bail application stands allowed .

¶11

Let the applicant- Chandan Kumar Bharati be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions;-

¶12

i) The applicant shall not tamper with the prosecution evidence.

¶13

ii) The applicant shall not threaten or harass the prosecution witnesses.

¶14

iii) The applicant shall appear on the date fixed by the trial court.

¶15

iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.

¶16

v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

¶17

In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.

¶18

Order Date :- 17.3.2023 Shivani

¶19

Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad

Chandan Kumar Bharati v. State of U.P.

Case brief

What is this about?

What did the court decide?

Chandan Kumar Bharati 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

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Joninder @ Joni vs State of U.P. and Another

Lakhan Singh Vs State of U.P.

Raja Vs State of U.P.

Triloki Yadav Vs State of U.P.

Kalu @ Amrish Vs State of U.P.

Idrish Vs State of U.P.