Allowed

Bhola Chaudhary v. State of U.P.

Allahabad HC21 Jun 2023BAIL/26483/2023

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 26483 of 2023, the Allahabad High Court allowed the bail application of Bhola Chaudhary charged under Sections 304 and 379 IPC, noting the co-accused was on bail and the charge sheet was filed.

What did the court decide?

Release on bail with personal bond and two sureties subject to conditions not to tamper with evidence or intimidate witnesses and to appear in court.

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

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Neutral Citation No. - 2023:AHC:128038

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Court No. - 48

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26483 of 2023

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Applicant :- Bhola Chaudhary Opposite Party :- State of U.P. Counsel for Applicant :- Azhar Hussain,Byas Kumar Prasad Counsel for Opposite Party :- G.A.

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Hon'ble Vinod Diwakar,J.

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

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The instant bail application has been filed on behalf of the applicant, Bhola Chaudhary, with a prayer to release him on bail in Case Crime No. 121 of 2023, under Sections 304 and 379 I.P.C., Police Station Tajganj, District Agra, during pendency of trial.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the deceased voluntarily consumed liquor, and after taking liquor he become unconscious. He further submits that the co-accused named in the F.I.R., namely, Keshav Chaudhary has already been enlarged on bail by co-ordinate Benche of this Court vide order dated 12.06.2022 passed in Criminal Misc. Bail Application No. 22847 of 2023, therefore, the applicant claims for parity with the co-accused. He further submits that the applicant has no criminal history to his credit. The applicant has been languishing in jail since 12.02.2023, and the applicant undertakes to cooperate with the trial, if enlarged on bail.

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Per contra, learned AGA opposed the bail application.

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Keeping in view the facts and circumstances of the case and the fact that the co-accused named in F.I.R has already been enlarged on bail. It transpires that the charge sheet had already been filed and the applicant is no longer required for the interrogation by the police. It may take sufficient time to conclude the trial in theses circumstances, there is no point of keeping the accused applicant in jail during the pendency of the trial. Considering the facts above, this court is inclined to enlarge the accused applicant on bail. Hence, the bail application is hereby allowed.

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Let the applicant, namely, Bhola Chaudhary, involved in the aforesaid case crime number be released on bail, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned subject to following conditions:-

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

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(ii). The applicant will not pressurize/ intimidate the prosecution witness.

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

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(iv). 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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It is further provided that before issuing the release order, the sureties be verified.

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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 :- 21.6.2023 S.A.

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Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad

Bhola Chaudhary v. State of U.P.

Case brief

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Bhola Chaudhary v. State of U.P.

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