Allowed

Lala Singh Chauhan v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Allahabad HC18 Sept 2024/9543/2024

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by Lala Singh Chauhan. The applicant, a co-accused in a criminal case involving murder and other offences, was granted bail on a personal bond and two sureties. The Court noted that other accused persons in the same case had already been granted bail by the same court.

What did the court decide?

Released on bail on personal bond and two sureties subject to conditions regarding court attendance and prohibition of abuse of liberty.

Lala Singh Chauhan Vs State of U.P. Thru. Prin. Secy… — Anticipatory Bail | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:64437

¶2

Court No. - 28

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9543 of 2024

¶4

Applicant :- Lala Singh Chauhan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Sandeep Kumar Srivastava Counsel for Opposite Party :- G.A.

¶5

Hon'ble Brij Raj Singh, J.

¶6

Heard learned counsel for the applicant and Sri Gyanendra Singh, learned AGA-1 and perused the record.

¶7

The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.80 of 2019, under Sections 302, 201, 394, 411 and 404 IPC, Police Station Jagatpur, District Raebareli.

¶8

Learned counsel for the applicant submits that main accused Babban Pasi alias Raj Kumar on whose statement, name of the applicant has surfaced, has been granted bail by this Court vide order dated 05.10.2023 passed in Criminal Misc. Bail Application No.9498 of 2022. He further submits that other coaccused Ram Bahadur @ Bahadur and Shanker Lonia have also been granted bail by this Court vide orders dated 19.04.2024 and 30.11.2023 passed in Criminal Misc. Bail Application Nos.11616 of 2023 and 3799 of 2023 respectively. He has further submitted that case of the applicants is on better footing to that of main accused Babban Pasi @ Raj Kumar and he is pressing the same grounds which were taken in the case of the main accused. Learned counsel for the applicant also submits that he has explained the criminal history of the applicant in paragraph 14 of the bail application as well as in paragraph three of the supplementary affidavit filed today. Apart from it, applicant has been in jail since 09.07.2019, therefore, he is entitled for

¶9

bail.

¶10

Learned AGA has opposed the prayer for bail, but could not dispute the fact that case of the applicant is on better footing to that of main accused Babban Pasi @ Raj Kumar, who has been granted bail by this Court.

¶11

Considering the submissions of learned counsel for parties, material available on record, contents of F.I.R., other relevant documents, and the fact that main accused and other co-accused, have been granted bail by this Court, the applicant is also entitled to be released on bail.

¶12

Let applicant Lala Singh Chauhan be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions:-

¶13

(i) 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.

¶14

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

¶15

(iii) 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

¶16

with law, under Section 174-A of the Indian Penal Code.

¶17

(iv) 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. 7. It is made clear that observations made in this order are limited to the purpose of determination of this bail application and will, in no way, be construed as an expression on the merits of the case. The Trial Court shall be absolutely free to arrive at its independent conclusion on the basis of evidence led unaffected by anything in this order.

¶18

¶19

(Brij Raj Singh, J.)

¶20

Order Date :- 18.9.2024 Rao/-

¶21

Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench

Lala Singh Chauhan v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Case brief

What is this about?

What did the court decide?

Lala Singh Chauhan v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Tahir Ali Khan vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Alka Verma and 2 Others vs State of U.P. Thru. Secy. Home Lko and Another

Anil Kant Gupta @ Anil Gupta vs State of U.P. Thru.Prin.Secy. Home and Another

Ashutosh Awasthi Vs State of U.P. Thru. Prin. Secy. Home, Lko.

Imran Vs State of U.P. Thru. Prin. Secy. Home, U.P. Lko.

Virendra Kumar Yadav Alias Raju vs State of U.P. Thru. Prin. Secy. Home Lko