The High Court allowed the bail application of Chandrabhan in a criminal case involving sections 364 and 302 IPC. The court granted bail on grounds of parity with co-accused and jail overcrowding, without expressing an opinion on the merits of the case.
Released on bail upon furnishing a personal bond and two sureties each.
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:214919
Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44896 of 2023
Applicant :- Chandrabhan Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kr. Srivastava,Sanjay Kr. Srivastava Counsel for Opposite Party :- G.A.,Anil Kumar
Hon'ble Siddharth,J.
Heard learned counsel for the applicant; Shri Anil Kumar, learned counsel for the informant and learned A.G.A for the State.
The submission is that co-accused, Smt. Sudha and Ram Prakash, have already been enlarged on bail vide Criminal Misc. Bail Application No. 34299 and 39468 of 2023 on 22.8.2023 and 3.10.2023 and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail for the reasons given in bail application of co-accused on the ground of parity. The applicant is in jail since 2.3.2023.
On the other hand learned A.G.A. and learned counsel for the informant have opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India, considering the recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 and considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Chandrabhan , involved in Case Crime No. 50 of 2023, under Sections 364,302,201,34 IPC, Police Station- Sajeti District- Kanpur Nagar, 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 following conditions. Further, before issuing the release order, the sureties be verified.
investigation or trial.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 8.11.2023 Atul kr. sri.
Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail on grounds of parity with co-accused already granted bail.
Whether the applicant has made out a statutory case for bail considering overcrowding in jails.
Colour shows how this judgement treated each authority
Satendra Kumar Antil vs. C.B.I.Referred¶9
Satendra Kumar Antil vs. C.B.I., S.L.P (Crl.) No. 5191 of 2021
Chandrabhan
Siddharth, J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
