Single judge allowed bail application of Umesh Chandra in Arms Act case, directing bond with sureties and imposing conditions to prevent tampering with witnesses or commission of further crimes.
Release on bail subject to personal bond and two sureties; conditions imposed to prevent tampering with evidence and new crimes.
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Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55039 of 2022
Applicant :- Umesh Chandra Opposite Party :- State of U.P. Counsel for Applicant :- Bhaiya Ram Maurya,Prabhat Chandra Maurya Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.304 of 2022, under Sections 5/25 Arms Act, P.S. Bewar, District Mainpuri, during pendency of the trial.
Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case. It is further submitted that there is only allegation that he was sitting near the furnace but nothing has been recovered from the possession of the applicant. He has no concern with the alleged incident. It is further submitted that during languishing in jail, he has falsely been implicated in one more case as Case Crime No.368 of 2022, except this, no other case has been registered against him. The applicant is languishing in jail since 11.10.2022 and in case he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.
Learned A.G.A. has opposed the bail prayer of the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , passed in S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Umesh Chandra , who is involved in the aforesaid case crime, 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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 16.1.2023 Shivangi
Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail under Sections 5/25 Arms Act given the allegations and lack of possession of arms.
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vs. C.B.I. & AnotherExplained¶9
_Satendra Kumar Antil Vs. C.B.I. & Another_
S.L.P.(Crl.) No. 5191 of 2021Explained¶9
_S.L.P.(Crl.) No. 5191 of 2021_
Umesh Chandra
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Deepak Verma
Parties & counsel
