The Allahabad High Court allowed the bail application of Gulveer Chhaunkar, accused in a murder and grievous injury case. The court distinguished his role from co-accused whose bail was denied, noting his case resembles that of Kartik, who was granted bail.
Released on bail by furnishing a personal bond and two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:146487
Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28830 of 2023
Applicant :- Gulveer Chhaunkar Opposite Party :- State of U.P. Counsel for Applicant :- Kuldeep Singh Chahar Counsel for Opposite Party :- G.A.,Rajesh Kumar Srivastava
Hon'ble Rajeev Misra,J.
persons namely Devendra Pradhan, Kartik, Harveer, Gulveer, Tejveer Singh, Premveer, Indrapal and Rahul have been nominated as named accused.
"i. Abrasion with ... swelling of size 3cm x 1cm over left side forehead, 2 cm above from left eye brow.
ii. traumatic swelling of size 2 cm x 1 cm over right side forehead, 1 cm above from right brow.
iii. Abrasion of size 1 cm x 1 cm over right hand, 3 cm above from right elbow.
iv. Abrasion of size 3cm x 2 cm over right thigh, 11 cm above
from right knee.
v. Lacerated wound of size 2cm x 1 cm over right foot, 8cm below from right knee.
vi. Lacerated wound of size 1 cm x 1 cm over left foot, 17 cm below from left knee.
" Heard Shri Jai Singh Parihar, learned counsel for the applicant, Shri Mohd. Khalid, learned counsel for the informant and Shri Chandan Agrawal, learned AGA for the State.
By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 712 of 2022 at Police Station Iglas District Aligarh under Sections 147,148,149,120B,307,302, 352, 504, 506 and 120B I.P.C. The applicant is in jail since 13.02.2023.
The bail application of the applicant was rejected by learned trial court on 22.03.2023.
The applicant has been identified as one of the principal offenders who brutally assaulted the victim resulting in his death and one victim being
grievously injured. The injury report as well as the statement of the eye injured witnesses support the prosecution case. The evidence in the record shows that there was common project to commit the offence. The offence is grave. There is likelihood that the applicant had committed the offence. At this stage, no case for bail is made out.
It has been informed that two of the co-accused persons namely Kartik and Tejveer Singh had enlarged on bail. Their cases are distinguishable inasmuch as they were enlarged on bail on the footing that they had caused injuries by a rod and tamancha respectively. No injuries by the aforesaid weapons were found on the body of the deceased or injured. Secondly as far as two other co-accused namely Lavkush Chhonker and Dinesh Chandra are concerned who too have been granted bail. The said co-accused did not participate in the assault and helped the accused to escape.
Without going into the merits of the case, the bail application is dismissed.
Considering the gravity of the offence, interest of justice will be served by directing the learned trial court to expedite the trial within a stipulated period of time.
The trial court is directed to conclude the trial within a period of one year from the date of receipt of a certified copy of this order. The learned trial court shall proceed with the hearing on a day to day basis to ensure that the above stipulated timeline of one year is strictly adhered to. All witnesses and counsels are directed to cooperate with the trial proceedings.
The trial court has also to be conscious of the rights of the accused persons and is under obligation of law to ensure that all expeditious, necessary and coercive measures as per law are adopted to ensure the presence of witnesses. Counsels or parties who delay or impede the proceedings should not only be discouraged from doing so but in appropriate cases exemplary costs should also be imposed on such parties/ counsel.
The learned trial court shall issue summons by regular process as per Section 62 Cr.P.C. and also by registered post as contemplated under Section 69 Cr.P.C. to expedite the trial.
The learned trial court shall promptly take out all strict coercive measures against all the witnesses in accordance with law who fail to appear in the trial proceeding. Counsels or parties who delay or impede the proceedings should not only be discouraged from doing so but in appropriate cases exemplary costs should also be imposed on such parties/ counsel.
The police authorities shall ensure that warrants or any coercive measures as per law taken out by the learned trial court to ensure that the attendance of the witnesses are promptly executed.
The Senior Superintendent of Police, Aligarh shall file an affidavit before the trial court on the date fixed regarding status of execution of the warrants/service of summons taken out by the learned trial court.
In case there is a failure on part of the police authorities to execute the warrants or other coercive measures, the Senior Superintendent of Police, Aligarh shall state the reasons for the same in the said affidavit and also show the steps taken to execute the warrants. The Senior Superintendent of Police, Aligarh shall simultaneously inform the Additional Director General of Police (ADG) Agra Zone, about the aforesaid failure of the police authorities in the first instance to execute the warrants and coercive measures issued by the learned trial court. If required, the Additional Director General of Police (ADG) Agra Zone, may issue an appropriate directions to ensure that the warrants issued are promptly executed by the learned trial court.
The delay in execution of warrants and consequent absence of witnesses is one of the principal causes of delays in criminal trials and has to be addressed effectively by all stakeholders.
The trial judge shall submit a fortnightly report on the progress of trial and the steps taken to comply with this order to the learned District
Judge.
A copy of this order be communicated to the learned trial judge through the learned District Judge, Aligarh by the Registrar (Compliance) by FAX.
Order Date :- 12.7.2023 "
"Heard Shri Abhishek Mayank, learned counsel for the applicant, Shri Mohd. Khalid, learned counsel for the informant and Shri Chandan Agrawal, learned AGA for the State. By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 712 of 2022 at Police Station Iglas District Aligarh under Sections 147,148,149,120B,307,302, 352, 504, 506 and 120B I.P.C. The applicant is in jail since 2.12.2022.
The bail application of the applicant was rejected by learned trial court on 27.04.2023.
The applicant has been identified as one of the principal offenders who brutally assaulted the victim resulting in his death and one victim being grievously injured. The injury report as well as the statement of the injured witness supports the prosecution case. The evidence in the record shows that there was common project to commit the offence. The offence is grave. There is likelihood that the applicant had committed the offence. At this stage, no case for bail is made out.
It has been informed that two of the co-accused persons namely Kartik and Tejveer Singh had enlarged on bail. Their cases are distinguishable inasmuch as they were enlarged on bail on the footing that they had caused injuries by a rod and tamancha respectively. No injuries by the aforesaid weapons were found on the body of the deceased or injured. Secondly as far as two other co-accused namely Lavkush Chhonker and Dinesh Chandra are concerned who too have been granted bail. The said co-accused did not participate in the assault and helped the accused to escape.
Without going into the merits of the case, the bail application is dismissed.
Considering the gravity of the offence, interest of justice will be served by
directing the learned trial court to expedite the trial within a stipulated period of time.
The trial court is directed to conclude the trial within a period of one year from the date of receipt of a certified copy of this order. The learned trial court shall proceed with the hearing on a day to day basis to ensure that the above stipulated timeline of one year is strictly adhered to. All witnesses and counsels are directed to cooperate with the trial proceedings.
The trial court has also to be conscious of the rights of the accused persons and is under obligation of law to ensure that all expeditious, necessary and coercive measures as per law are adopted to ensure the presence of witnesses. Counsels or parties who delay or impede the proceedings should not only be discouraged from doing so but in appropriate cases exemplary costs should also be imposed on such parties/ counsel.
The learned trial court shall issue summons by regular process as per Section 62 Cr.P.C. and also by registered post as contemplated under Section 69 Cr.P.C. to expedite the trial.
The learned trial court shall promptly take out all strict coercive measures against all the witnesses in accordance with law who fail to appear in the trial proceeding. Counsels or parties who delay or impede the proceedings should not only be discouraged from doing so but in appropriate cases exemplary costs should also be imposed on such parties/ counsel.
The police authorities shall ensure that warrants or any coercive measures as per law taken out by the learned trial court to ensure that the attendance of the witnesses are promptly executed. The Senior Superintendent of Police, Aligarh shall file an affidavit before the trial court on the date fixed regarding status of execution of the warrants/service of summons taken out by the learned trial court.
In case there is a failure on part of the police authorities to execute the warrants or other coercive measures, the Senior Superintendent of Police, Aligarh shall state the reasons for the same in the said affidavit and also show the steps taken to execute the warrants. The Senior Superintendent of Police, Aligarh shall simultaneously inform the Additional Director General of Police (ADG) Agra Zone, about the aforesaid failure of the police authorities in the first instance to execute the warrants and coercive measures issued by the learned trial court. If required, the Additional Director General of Police (ADG) Agra Zone, may issue an appropriate directions to ensure that the warrants issued are promptly executed by the learned trial court.
The delay in execution of warrants and consequent absence of witnesses is one of the principal causes of delays in criminal trials and has to be addressed effectively by all stakeholders.
The trial judge shall submit a fortnightly report on the progress of trial
and the steps taken to comply with this order to the learned District Judge.
A copy of this order be communicated to the learned trial judge through the learned District Judge, Aligarh by the Registrar (Compliance) by FAX.
Order Date :- 12.7.2023 "
Srivastava as well as Mr. Mohammad Khalid the learned counsel representing first informant have opposed the prayer for bail. They submit that since the applicant is a named as well as charge sheeted accused therefore he does not deserve any indulgence by this Court. Criminality was committed by the named as well as charge sheeted accused with a common intention. Therefore, same is incapable of being separated or segregated. However, they could not dislodge the factual and legal submissions urged by the learned counsel for applicant with reference to the record at this stage.
incarceration undergone but without making any comments on the merits of the case, applicant has made out a case for bail.
(i) Applicant will not tamper with prosecution evidence.
(ii) Applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) Applicant will not indulge in any unlawful activities.
(iv) Applicant will not misuse the liberty of bail in any manner whatsoever.
Order Date :- 24.7.2023 YK
Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant, accused of causing death of one victim and grievous injury to another with common intention, is entitled to bail despite complicity with deceased's death.
Whether the applicant's bail application is distinguishable from co-accused whose bail was previously rejected in identical facts involving similar principal offender role.
Colour shows how this judgement treated each authority
2 provisions across 2 enactments
Gulveer Chhaunkar
Rajeev Misra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
