Allowed

Chandrapal v. State of U.P.

Allahabad HC2 Aug 2023BAIL/6665/2023

Case brief

AI extract

What is this about?

Single judge allowed bail to the applicant charged with offences under Sections 147, 148, 302, and 201 IPC. The court cited lack of conclusive investigation and jail overcrowding, imposing conditions to prevent tampering with evidence and ensuring attendance.

What did the court decide?

Released on bail on personal bond and two sureties subject to conditions to prevent tampering with evidence and ensure court attendance.

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

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Neutral Citation No. - 2023:AHC:154407

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Court No. - 64

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6665 of 2023

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Applicant :- Chandrapal Opposite Party :- State of U.P. Counsel for Applicant :- Mamta Singh Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant and learned A.G.A for the State.

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Rejoinder affidavit filed by counsel for the applicant is taken on record.

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There is allegation in the FIR regarding commission of offence of rioting, forming unlawful assembly, murder and causing disappearance of dead body of the deceased.

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Counsel for the applicant submits that the applicant was named in the FIR but during investigation, the investigating officer exonerated him. During the trial, P.W-1 has been examined who has implicated the applicant and hence he

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has been summoned for facing trial under Section 319 Cr.P.C.

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Counsel for the applicant also submits that the other co-accused persons have been enlarged on bail. The applicant undertakes to cooperate with the trial. He is in jail since 04.05.2022 and has criminal history of 3 cases including the present case explained in rejoinder affidavit filed today.

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On the other hand learned A.G.A has opposed the prayer for bail.

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Keeping in view the nature of the offence, evidence, complicity of the accused; submissions of the learned counsel for the parties noted above; finding force in the submissions made by the learned counsel for the applicant; keeping view the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under-trial having

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fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India; considering the dictum of Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 ; considering 5-6 times overcrowding in jails over and above their capacity by the under trials 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. The bail application is allowed.

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Let the applicant, Chandrapal, involved in Case Crime No. 155 of 2017, under Sections- 147, 148, 302, 201 IPC, Police StationKalyanpur, District- Fatehpur, 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.

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(i) The applicant shall not tamper with the evidence or threaten the witnesses.

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(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.

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(iv) In case the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation then the Trial Court shall initiate proceedings against him in accordance with law under Section 174-A of the Indian Penal Code.

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(v) The applicant shall remain present in person before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 2.8.2023 Rohit

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Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad

Chandrapal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Chandrapal v. State of U.P.

Case brief

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