Allowed

Ashok Chaurasia @ Ashok Kumar Chaurasia v. State of U.P. Thru. Its Addl. Chief Secy. Deptt. of Home Lko.

Allahabad HC23 Jul 2024/6750/2023

Case brief

AI extract

What is this about?

High Court allowed a bail application in a murder case under Section 302 IPC. The court noted the absence of substantial criminal history and the hostility of prosecution witnesses as grounds for releasing the applicant on bail with personal and surety bonds.

What did the court decide?

Released on bail subject to personal bond and two sureties of Rs. 20,000 each, and compliance with standard bail conditions.

Ashok Chaurasia @ Ashok Kumar Chaurasia Vs… — Murder and Culpable Homicide | Allahabad HC (2024)

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6750 of 2023

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Applicant :- Ashok Chaurasia @ Ashok Kumar Chaurasia Opposite Party :- State Of U.P. Thru. Its Addl. Chief Secy. Deptt. Of Home Lko.

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Counsel for Applicant :- Hemant Kumar Mishra,Abhishek Mishra,Arti Ganguly

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Counsel for Opposite Party :- G.A.,Lalji Gupta,Rajeev Singh

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Hon'ble Pankaj Bhatia,J.

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Certified copy of the statements handed across the bar may be taken on record.

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Heard Shri Hemant Kumar Mishra along with Ms. Arti Ganguly, learned counsel for the applicant, learned AGA and perused the record.

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The accused-applicant seeks bail in Case Crime No.319 of 2022, under section 302 of I.P.C., Police Station-Thakurganj, District-Lucknow.

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In terms of the F.I.R registered on 28.06.2022, it was alleged that niece of the informant called on 28.06.2022 on telephone and informed that the brother-in-law of the informant and father of the niece had shot the sister of the informant and mother of the niece through his licensed gun. When the body of the deceased was taken to the trauma centre, she was declared dead. It was also stated that niece and her brother had heard a dispute between her father and mother after which the sister of the informant was shot by the applicant. In terms of the chargesheet, allegedly two children of the applicant were witness to the incident. Counsel for the applicant had filed a certified copy of the statement where both of them have declared hostile and they have not supported the prosecution story.

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Counsel for the informant is present and opposes the bail application.

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Considering the fact that two witnesses, who were eye witnesses, not supported the prosecution story coupled with the fact that the applicant is in jail since 28.06.2022, the applicant has no substantial criminal history except for two minor offences in which he is on bail and there is nothing on record to demonstrate that if the applicant is enlarged on bail, would not in any way adversely affect the trial and the Court is of the view

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that the applicant is entitled to be enlarged on bail. The application is, thus, allowed.

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Let the applicant-Ashok Chaurasia @ Ashok Kumar Chaurasia be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties of Rs.20,000/- (Rs. Twenty Thousand) each of the like amount to the satisfaction of the court concerned with the following conditions:

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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(c) 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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However, the trial court is directed to conclude the trial expeditiously.

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Order Date :- 23.7.2024 akhilesh/-

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Digitally signed by :- AKHILESHWAR KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Ashok Chaurasia @ Ashok Kumar Chaurasia v. State of U.P. Thru. Its Addl. Chief Secy. Deptt. of Home Lko.

Case brief

What is this about?

What did the court decide?

Ashok Chaurasia @ Ashok Kumar Chaurasia v. State of U.P. Thru. Its Addl. Chief Secy. Deptt. of Home Lko.

Case brief

What is this about?

What did the court decide?

What the court decided

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