Allowed

Chandrakant Alias Kanta v. State of U.P.

Allahabad HC10 Aug 2023BAIL/5171/2023

Case brief

AI extract

What is this about?

In a bail application, the court held that the offence under Section 307 IPC was not primarily made out and the applicant had spent a year in custody. Without expressing an opinion on merit, the court allowed bail on furnishing bonds and sureties.

What did the court decide?

Applicant released on bail with personal bonds and two reliable sureties of Rs. 25,000/- each on conditions of attendance, non-offence commission, and non-inducement of witnesses.

Chandrakant Alias Kanta Vs State of U.P. — Insurance | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:161724

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5171 of 2023

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Applicant :- Chandrakant Alias Kanta Opposite Party :- State of U.P. Counsel for Applicant :- Arun Kumar Vishvakarma Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

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2 . The FIR in question was lodged alleging that the accused were involved in firing on police party.

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3 . It is argued that no injury has been sustained, thus, the offence under Section 307 IPC has primarily not made out. It is argued that the applicant has been apprehended based upon the confessional statement and recovery which is not in accordance with Section 100 Cr.P.C. The criminal history has been explained in para 12 and 13 of the bail application and supplementary affidavit. The applicant is in custody since 08.09.2022.

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4. Learned A.G.A. vehemently opposed the bail prayer.

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5. Considering primarily the offence under Section 307 IPC may not be made out and the applicant has spent almost one year in jail, there is nothing on record to demonstrate that the applicant if enlarged on bail, would in any way adversely affect the trial and without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail.

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6. Accordingly, the bail application is allowed .

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7. Let the applicant Chandrakant Alias Kanta be released on bail in FIR/ Case Crime No. 973 of 2022, under Section 307 IPC, P.S. Highway, District Mathura, on his furnishing personal bonds and two reliable sureties of Rs. 25,000/- each to the satisfaction of the court concerned with the following conditions:

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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(c) 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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Order Date :- 10.8.2023 S.A.

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

Chandrakant Alias Kanta v. State of U.P.

Case brief

What is this about?

What did the court decide?

Chandrakant Alias Kanta v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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