Allowed

Deep Chandra and Another v. State of U.P.

Allahabad HC19 Sept 2023BAIL/39657/2023

Case brief

AI extract

What is this about?

This single bench judgment allowed a bail application filed by Deep Chandra and Ram Charan in a criminal case involving offences under Sections 147-150, 304, 325, and 328 IPC. The court relied on arguments regarding the applicants' vague role, lack of prior criminal history, and cooperation with investigation. If granted, bail was conditioned upon furnishing sureties and appearing for the trial. T

What did the court decide?

Applicants released on bail with a personal bond and two sureties; trial concluded within one year.

Deep Chandra and Another Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:181148

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39657 of 2023 Applicant :- Deep Chandra And Another Opposite Party :- State of U.P. Counsel for Applicant :- Keshari Nath Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of the the bail application the applicants have prayed to be enlarged on bail in Case Crime No. 93 of 2023 at Police Station- Tharwai, District- Prayagraj under Sections 147, 148, 149, 323, 304, 325, 308 IPC. The applicants are in jail since 04.04.2023.

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The bail application of the applicants was rejected by the learned trial court on 31.05.2023 and 04.08.2023.

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The following arguments made by Shri Keshari Nath Tripathi, learned counsel on behalf of the applicants, which could not be satisfactorily refuted by Shri Shrawan Kumar Dubey, learned AGA from the record, entitle the applicants for grant of bail:

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(1). A vague and general role has been assigned to the applicants in the F.I.R.

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(2). The applicants have not been identified as the principal offenders who inflicted the life threatening injuries on the deceased.

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(3). Learned counsel for the applicants claims congruency in role and seeks parity in relief granted to co-accused-

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Rajesh Kumar and Phool Chandra who have been granted bail by this Court on 23.08.2023 in Criminal Misc. Bail Application No. 37080 of 2023.

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(4). The applicants do not have any criminal history apart from this case.

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(5). The applicants are not a flight risk. The applicants being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicants- Deep Chandra and Ram Charan be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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(i) The applicants will not tamper with the evidence or influence any witness during the trial.

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

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However, 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

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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 prosecution witnesses also are directed to cooperate with the trial proceedings.

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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.

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Police and administrative authorities of the State are also directed to ensure that the coercive measures adopted by the court are given effect to in a scrupulous manner to ensure the presence of the witnesses on the appointed date before the trial court.

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The trial Judge shall submit a montly report on the progress of the trial and the steps taken to comply with this order to the learned District Judge.

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A copy of this order be communicated to the learned trial judge through the learned District Judge, Prayagraj by the Registrar (Compliance) by FAX.

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Order Date :- 19.9.2023 Pravin

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

Deep Chandra and Another v. State of U.P.

Case brief

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Deep Chandra and Another v. State of U.P.

Case brief

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