Allowed

Chandrapal v. State of U.P.

Allahabad HC1 Mar 2023BAIL/7208/2023

Case brief

AI extract

What is this about?

The High Court allowed the bail application of Chandrapal in a murder case. The court found it a fit case for bail based on the low possibility of tampering with evidence and lack of serious criminal history cited by the applicant, despite strong opposition from the State.

What did the court decide?

Release on a personal bond and two sureties each in a like amount to the satisfaction of the Court concerned.

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

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Court No. - 92

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7208 of 2023

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

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Hon'ble Vipin Chandra Dixit,J.

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Supplementary affidavit has been filed by the learned counsel for the applicant, which is taken on record.

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Heard Sri I.K. Chaturvedi, learned Senior Advocate assisted by Sri Vikas Singh, learned counsel for the applicant, learned AGA for the State, Sri Raj Singh, learned counsel for the informant and perused the material on record.

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Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in this case. The F.I.R. was lodged against three named and one unknown accused persons including the applicant. The statements of independent witnesses were recorded by the Investigating Officer in which the specific allegation of firing has been assigned to co-accused Yogesh alias Sultan and there was no allegation against the applicant. The Investigating Officer has submitted the charge-sheet against co-accused Yogesh and Jagdish and the applicant was exonerated. The informant had moved an application under Section 319 Cr.P.C. and the court below has summoned the applicant vide order dated 15.9.2022. The specific role of firing has been assigned to co-accused Yogesh alias Sultan. The criminal history of the applicant has been explained in paras 2, 3 and 4 of the supplementary affidavit filed today. There is no possibility of applicant of fleeing away from the judicial process or tampering with the prosecution evidence. He next submits that the applicant is in jail since 23.10.2022 and if released on bail, he will not misuse the liberty of bail.

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Learned AGA for the State as well as learned counsel for the informant vehemently opposed the prayer of bail.

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Upon hearing the learned counsel for the parties and upon the perusal of the record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage, without commenting on the merits of the case, I find it a fit case for bail. The bail application is allowed.

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Let applicant- Chandrapal be released on bail in Case Crime No.0043 of 2020, under Sections 302, 506 IPC, registered at P.S. Jahangirpur, District Bulandshahar, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned, subject to the following conditions:

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(i) The applicant will not tamper with prosecution evidence in any manner whatsoever.

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(ii) The applicant will abide by the orders of the court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activity.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Order Date :- 1.3.2023 Kpy

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Digitally signed by :- KAVLESHWAR PRASAD YADAV 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

What is this about?

What did the court decide?

What the court decided

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