Allowed

Deepay @ Deepchandra v. State of U.P.

Allahabad HC9 Feb 2023BAIL/6348/2023

Case brief

AI extract

What is this about?

Court granted bail to Deepay @ Deepchandra in a criminal trial case arising out of Sections 147, 148, 149, 395, 397, 302, 307, 504, 506, 201 IPC and 7 CLA Act, allowing the petition on the ground of parity with a co-accused already released on bail.

What did the court decide?

The applicant shall be released on bail by furnishing a personal bond and two heavy sureties, subject to standard conditions including not tampering with evidence or intimidating witnesses.

Deepay @ Deepchandra Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Court No. - 83

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6348 of 2023

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Applicant :- Deepay @ Deepchandra Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Singh,Krishna Kant Vishwakarma Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised.

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Heard Shri Rajesh Kumar Singh, learned counsel for the applicant as well as Shri R.P. Patel, learned A.G.A. for the State and perused the record.

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Applicant seeks bail in S.T. No.853 of 2014 arising out of Case Crime No.151 of 2014, under Sections 147, 148, 149, 395, 397, 302, 307, 504, 506, 201 I.P.C. & Section 7 C.L.A. Act, Police Station Bahariya, District Allahabad, during the pendency of trial.

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It is submitted by learned counsel for the applicant that similarly placed co-accused person, Sanjay, has already been enlarged on bail by this Court vide order dated 19.01.2023 passed in Criminal Misc. Bail Application No.46291 of 2020. The applicant is languishing in jail since 14.05.2014. There is no previous criminal history of the applicant except the case under U.P. Gangsters Act instituted after lodging of the present FIR at Case Crime No.202 of 2014. He further submitted that since the role of the applicant is identical to that of co-accused, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity.

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The prayer for bail has been vehemently opposed by learned A.G.A. on the ground that the applicant has criminal history of one case under U.P. Gangsters Act. However, the aforesaid factual aspects of parity to the co-accused has not been disputed by him.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail on the ground of parity. The bail application is allowed on the ground of parity.

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Let the applicant- Deepay @ Deepchandra involved in aforementioned case crime number be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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

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(iv) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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(v) 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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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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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion on the testimony of the witnesses.

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Order Date :- 9.2.2023 Ravi Kant

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Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad

Deepay @ Deepchandra v. State of U.P.

Case brief

What is this about?

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Deepay @ Deepchandra v. State of U.P.

Case brief

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