Allowed

Chhote Lal v. State of U.P.

Allahabad HC4 Aug 2023BAIL/23148/2023

Case brief

AI extract

What is this about?

In a bail application under Section 439 Cr.P.C., the High Court granted bail to the applicant who had remained in custody for six and a half months. The court noted the lack of satisfactory evidence regarding tampering or intimidation risks despite the State's opposition.

What did the court decide?

The applicant was released on bail on furnishing a personal bond and two sureties each, subject to appearing on dates fixed and not tampering with evidence or pressurizing witnesses.

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

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Neutral Citation No. - 2023:AHC:156710

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23148 of 2023

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Applicant :- Chhote Lal Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Bahadur Shivhare Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Rejoinder affidavit filed by the learned counsel for the applicant is taken on record.

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Heard learned counsel for the applicant as well as learned A.G.A. for the State-opposite party and perused the record.

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The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 105 of 2022, under Sections 459, 395, 412 I.P.C., Police Station Dakor, District Jalaun during the pendency of the trial.

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Learned counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the instant case. The name of the applicant was disclosed by the co-accused in the police custody. The said statement, insofar as it implicates the applicant, is unreliable. It is next contended that co-accused Gaya Pal, having identical role, has been granted bail by this Court in Criminal Misc. Bail Application No. 30829 of 2023, Gaya Pal v. State of U.P., vide order dated 24.07.2023. The applicant claims parity. The criminal history of the applicant has been explained in Paragraphs- 15 and 18 of the affidavit and Paragraph-8 of the rejoinder affidavit. The applicant is in jail since 13.01.2023 and if he is released on bail, he will not misuse the said liberty.

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Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having regard to the submissions made above and the fact that the applicant has remained confined for almost six and half months and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has

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been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant- Chhote Lal, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he:

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(i) shall appear on the date fixed by the trial court;

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(ii) shall not tamper with the prosecution evidence; and,

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(iii) shall not pressurize the prosecution witnesses.

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

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Order Date :- 4.8.2023 SKT/-

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Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad

Chhote Lal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Chhote Lal v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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