The High Court allowed a bail application filed by Chandra Prakash under Section 439 Cr.P.C. He was released on a personal bond and two sureties subject to standard conditions.
Release on personal bond and two sureties with conditions to appear in trial, not tamper with evidence or pressure witnesses.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55672 of 2022
Applicant :- Chandra Prakash Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Srivastava,Saksham Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Despite time granted on 07.12.2022, no counter affidavit has been filed by learned A.G.A.
Heard learned counsel for the applicant and Sri Vikas Sahai, learned AGA for the State-opposite party.
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. 72 of 2022, under Sections 420, 467, 468 & 471 I.P.C. and Section 3 of Prevention of Public Property Damages Act-1984, Police Station- Mahuakheda, District Aligarh, during the pendency of trial.
It is submitted that the applicant has been falsely implicated in the instant case. The applicant is a bona fide purchaser of the land in question. The applicant has paid Rs. 4,50,000/- to the co-accused, Kanti Devi and Pinku Kumar. The applicant had no prior knowledge that the land in question was acquired by the State Government in the year 2019. It is next contended that the co-accused, Kanti Devi and Pinku Kumar have been enlarged on bail by this Court in Criminal Misc. Bail Application No. 29882 of 2022 vide order dated 22.09.2022. The applicant has no criminal history to his credit. The applicant is in jail since 17.10.2022. In case, he is enlarged on bail, he will not misuse the said liberty.
Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.
Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.
Let the applicant- Chandra Prakash involved in 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:
(i) shall appear on the date fixed by the trial court;
(ii) shall not tamper with the prosecution evidence;
(iii) shall not pressurize the prosecution witnesses.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 20.1.2023 Sachin Mishra
Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail under Section 439 Cr.P.C.
1 provisions across 1 enactments
Chandra Prakash
Vivek Varma
Sachin Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
