Allowed

Chandra Kumar Parashar v. State of U.P.

Allahabad HC25 Jan 2023BAIL/56373/2022

Case brief

AI extract

What is this about?

In this bail application arising from a shooting case, the Allahabad High Court allowed the bail plea without delving into the merits of the prosecution case, citing the hostile nature of injured witnesses and the family dispute origin as key factors.

What did the court decide?

Release on bail by furnishing a personal bond and two sureties each to the satisfaction of the court below.

Chandra Kumar Parashar Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2023)

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56373 of 2022

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Applicant :- Chandra Kumar Parashar Opposite Party :- State of U.P. Counsel for Applicant :- Prem Chandra Dwivedi 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 applicant has prayed to be enlarged on bail in Case Crime No.23 of 2022 at Police Station-Jagdishpura, District-Agra under Sections 307, 326, 504 I.P.C. The applicant is in jail since 20.01.2022.

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The bail application of the applicant was rejected by the learned trial court on 06.07.2022.

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The following arguments made by Shri Prem Chandra Dwivedi, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Deepak Kapoor, learned AGA from the record, entitle the applicant for grant of bail:

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(1). The F.I.R is a result of a family altercation which suddenly turned violent. The first informant is the brother of the applicant.

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(2). The F.I.R. possibly does not identify the applicant as the principal offender who inflicted the gunshot injuries.

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(3). The F.I.R. has been lodged on the basis of

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suspicions and conjectures. The suspicion howsoever grave, is no substitute for evidence.

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(4). The injured witnesses have not supported the prosecution case during the trial. They have been declared hostile at the instance of the prosecution.

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(6). The applicant does not have any criminal history apart from this case.

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(7). The applicant is not a flight risk. The applicant 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 applicant- Chandra Kumar Parashar 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 applicant will not tamper with the evidence or influence any witness during the trial.

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

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Order Date :- 25.1.2023 Vandit

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Digitally signed by :- VANDIT AGRAWAL High Court of Judicature at Allahabad

Chandra Kumar Parashar v. State of U.P.

Case brief

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Chandra Kumar Parashar v. State of U.P.

Case brief

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