Allowed

Chhote @ Tajali @ Ravi @ Tajuddin v. State of U.P.

Allahabad HC16 Jan 2023BAIL/57596/2022

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application filed by Chhote @ Tajali @ Ravi @ Tajuddin seeking bail in a case under Section 307 IPC alleging fake encounter. The High Court observed that the A.G.A. could not disputing the applicant's claim of false implication. The application was allowed granting bail on personal bond with two sureties subject to standard conditions.

What did the court decide?

The applicant is released on bail by furnishing a personal bond and two sureties in the like amount.

Chhote @ Tajali @ Ravi @ Tajuddin Vs State of… — Murder and Culpable Homicide | Allahabad HC (2023)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57596 of 2022

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Applicant :- Chhote @ Tajali @ Ravi @ Tajuddin Opposite Party :- State of U.P. Counsel for Applicant :- Akash Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard learned counsel for the applicant and Sri Vikas Sahai, learned A.G.A. for the State-opposite party.

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The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No.585 of 2022, under Section 307 I.P.C., Police Station Ramgarh, District Firozabad during the pendency of the trial.

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It is contended that the applicant has been falsely implicated in the instant case. It is a case of firing on police party. In the alleged incident no police personnel has suffered any injury. On the contrary, it is a case of fake encounter wherein the applicant was shot at without any cause by the police authorities. The criminal history of the applicant has been explained in Paragraph-10 of the affidavit filed in support of bail application. The applicant is in jail since 27.10.2022 and if he is released on bail, he will not misuse the said liberty.

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Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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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.

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Let the applicant- Chhote @ Tajali @ Ravi @ Tajuddin, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he:

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shall appear on the date fixed by the trial court;

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shall not tamper with the prosecution evidence; and,

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shall not pressurize the prosecution witnesses.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 16.1.2023 S.S.

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Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad

Chhote @ Tajali @ Ravi @ Tajuddin v. State of U.P.

Case brief

What is this about?

What did the court decide?

Chhote @ Tajali @ Ravi @ Tajuddin v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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