Allowed

Anshuman Chandra Alias Prince Chandra v. State of U.P.

Allahabad HC30 May 2023BAIL/19083/2023

Case brief

AI extract

What is this about?

The High Court allowed a bail application in a murder case involving Sections 302, 34, 120-B IPC. It held that a case for bail is made out without expressing an opinion on the merits, granting release on personal bond and two sureties subject to standard conditions.

What did the court decide?

Release the applicant Anshuman Chandra on bail on personal bond and two local sureties of like amount.

Anshuman Chandra Alias Prince Chandra Vs… — Murder and Culpable Homicide | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC:120690

¶2

Court No. - 77

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19083 of 2023

¶4

Applicant :- Anshuman Chandra Alias Prince Chandra Opposite Party :- State of U.P. Counsel for Applicant :- K.K.Rao,Mukul Kumar Mishra Counsel for Opposite Party :- G.A.

¶5

Hon'ble Raj Beer Singh,J.

¶6

Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the entire record.

¶7

The present bail application has been filed by the applicant in S.T. No. 1709/2021, case crime No. 83/2021, under Sections 302, 34, 120-B IPC, police station Gagha, District Gorakhpur with the prayer to enlarge the applicant on bail.

¶8

It has been argued by learned counsel for the applicant that the applicant-accused is innocent and he has been falsely implicated in this case. According to prosecution version, on 10.03.2021 at 09:00 PM near Gagaha Gajpur bridge, two unknown persons, who were wearing helmet, have fired a bullet at informant's brother Ritesh Maurya, who died at the spot. The applicant is not named in the first information report. In his statement, recorded under Section 161 Cr.P.C., the informant has alleged that applicant and co-accused Sanni Singh have fired bullet at the deceased. Similar statements were made by alleged eye witnesses Abhay Maurya and Suraj Maurya. It was pointed out that as per supplementary statements of alleged eye witness Akash Maurya, co-accused Sanni Singh and one Raj Singh @ Yuvraj Singh have fired at the deceased and he has stated that applicant was driving the motorcycle. Statements of independent witnesses, namely, Brijmohan and Hemant Maurya, recorded during investigation, were also referred, who have named a number of persons but no specific role was

¶9

assigned to the applicant. Similar statement was made by the wife of deceased. It was further submitted that similarly placed co-accused Mragendra Singh @ Sunny Singh, Vishal Singh @ Kallu Singh, Yuvraj Singh @ Raj Singh, Abhishek Singh @ Happy Singh, Ved Prakash Singh, Rajiv Chaudhary, Amit Singh and Ram Singhasan Yadav @ Singhasan Yadav have already been enlarged on bail by co-ordinate Benches of this Court, copies of which, are available on record. The case of applicant is on better footing than that of co-accused Sanni Singh. Criminal history of some cases shown against the applicant has duly been explained in the affidavit filed in support of the bail application. Lastly, it was submitted that the applicant is in judicial custody since 26.03.2021 and in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.

¶10

Learned A.G.A. has opposed the prayer for bail and argued that during investigation, the involvement of applicant was found in the incident. However, it could not be disputed that similarly place co-accused persons have already been granted bail.

¶11

Considering the submissions of learned counsel for the parties, nature of accusations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out. Hence, the bail application is hereby allowed.

¶12

Let the applicant Anshuman Chandra Alias Prince Chandra involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:

¶13

i. The applicant will not tamper with the evidence during trial.

¶14

ii. The applicant will not pressurize/intimidate the prosecution witnesses.

¶15

iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

¶16

iv. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.

¶17

In case of breach of any of the above condition, the court concerned shall be at liberty to cancel the bail of applicant, in accordance with law.

¶18

Order Date :- 30.5.2023 Anand

¶19

Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad

Anshuman Chandra Alias Prince Chandra v. State of U.P.

Case brief

What is this about?

What did the court decide?

Anshuman Chandra Alias Prince Chandra 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

Parties & counsel

Coram

Case details

Similar cases

Angad Kumar Vs State of U.P.

Govind Kumar Gautam @ Govinda Vs State of U.P.

Saed Chauhan Vs State of U.P.

Dharmendra Vs State of U.P.

Ashfaq Vs State of U.P. and Another

Lokesh @ Lokendra Vs State of U.P.