Allowed

Matelu Chaudhary v. State of U.P.

Allahabad HC10 May 2023BAIL/17368/2023

Case brief

AI extract

What is this about?

Bail Application No. 17368 of 2023 was disposed of by the Allahabad High Court Court No. 74. The court allowed the applicant's application for release on bail, noting vague allegations and parity with a co-accused, without expressing an opinion on the case's merits.

What did the court decide?

Release on bail with personal bond and two sureties; conditions to appear in court, no interference with evidence, and no antisocial activities.

Matelu Chaudhary Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:102616

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17368 of 2023

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Applicant :- Matelu Chaudhary Opposite Party :- State of U.P. Counsel for Applicant :- Manu Sharma,Dinesh Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Dinesh Kumar Pandey, learned counsel for the applicant and Dr. S.B. Maurya, learned AGA-I for the Staterespondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 85 of 2023, under Sections 147, 304 IPC, Police Station- Shyamdeurwa, DistrictMaharajganj, during pendency of the trial in the court below.

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FIR of the present case was lodged on 9.3.2023 under Sections 147, 304 IPC and according to the FIR, applicant and five others under intoxication made scuffling with the brother of the informant due to that, he sustained injuries and thereafter he died and it is further mentioned in the FIR that deceased was also under intoxication.

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Learned counsel for the applicant submitted that FIR of the present case was lodged on the basis of vague allegation against the applicant and five others and no specific allegation has been made against the applicant and even from the FIR and the statements of the witnesses, it could not be reflected that applicant and other accused persons were having any intention to commit murder of the deceased. He further submitted that co-accused Rajesh Chaudhary has already been released on bail by co-ordinate bench of this Court vide order dated 13.4.2023 passed in Criminal Misc. Bail Application No. 16522 of 2023 and case of applicant is at par with him.

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Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant.

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I have heard learned counsel for the parties and perused the record of the case.

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Although, it appears from the record that in the incident, brother of the informant died but in FIR vague and general allegation were made against the applicant and five others and neither from the FIR nor from the statements of the witnesses any intention to commit murder of the deceased could be reflected. Further, co-accused Rajesh Chaudhary has already been released on bail by co-ordinate bench of this Court and case of applicant is at par with him, therefore, in my view applicant is also entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant- Matelu Chaudhary be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) 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 or any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and antisocial activity.

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

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 10.5.2023

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KK Patel

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Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad

Matelu Chaudhary v. State of U.P.

Case brief

What is this about?

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Matelu Chaudhary v. State of U.P.

Case brief

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