Allowed

Chhote Lal v. State of U.P.

Allahabad HC24 Aug 2023BAIL/29501/2023

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed under Section 439 Cr.P.C. The applicant claimed false implication, lack of money in his account, and parity with a co-accused already granted bail. Finding the state failed to show reasonable apprehension of tampering or witness intimidation, the court granted bail subject to standard conditions.

What did the court decide?

The applicant Chhote Lal is released on bail on furnishing a personal bond and two sureties, subject to conditions appearing on record.

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

¶1

Neutral Citation No. - 2023:AHC:170518

¶2

Court No. - 74

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29501 of 2023

¶4

Applicant :- Chhote Lal Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Kumar Srivastava Counsel for Opposite Party :- G.A.,Krishna Kumar Yadav,Pawan Kumar Shukla

¶5

Hon'ble Vivek Varma,J.

¶6

Heard learned counsel for the applicant, Sri Pawan Kumar Shukla, learned counsel for the informant as well as learned AGA for the State-respondent and perused the record.

¶7

The instant bail application under Section 439 Cr.P.C. has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 169 of 2023, under Sections 388, 389, 341, 506, 120B IPC, Police Station Majhola, District Moradabad, during the pendency of trial.

¶8

Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant had not threatened the informant nor any money has been credited in the account of the applicant. The applicant is not a beneficiary of the illicit transaction. Civil dispute is pending between the parties. The co-accused Km. Vijendri having identical role, has been granted bail by this Court in Criminal Misc. Bail Application No. 31593 of 2023 vide order dated 02.08.2023. The applicant claims parity. The criminal history of the applicant has been explained in para 6 of the rejoinder affidavit. The applicant is in jail since 23.05.2023 and in case he is enlarged on bail, he will not misuse the said liberty.

¶9

Learned AGA and learned counsel for the informant have opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶10

Having regard to the submissions made above and the fact that the money has not been credited in the account of the applicant; the co-accused has been granted bail by this Court and the applicant has remained confined for almost three months and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has 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

¶11

the applicant is entitled to be enlarged on bail.

¶12

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 the court concerned subject to the conditions that he:

¶13

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

¶14

(ii) shall not tamper with the prosecution evidence;

¶15

(iii) shall not pressurize the prosecution witnesses.

¶16

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

¶17

Order Date :- 24.8.2023

¶18

Lbm/-

¶19

Digitally signed by :- LAL BAHADUR MAURYA 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

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Monu @ Suraj Vs State of U.P.

Kamu Kuraishi Vs State of U.P.

Ankur Vs State of U.P. and 3 Others

Ajay Kumar Singh Vs State of U.P.

Pradeep @ Chhota Vs State of U.P.

Ajay Kumar Vs State of U.P.