Allowed

Dileep Chaurasiya v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Allahabad HC12 Aug 2024BAIL/8595/2024

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 8595 of 2024, the Allahabad High Court granted bail to Dileep Chaurasiya, holding that he is entitled to release since his co-accused were already granted bail in the same case.

What did the court decide?

Applicant released on bail on furnishing personal bond and two sureties subject to conditions regarding court attendance and appearance.

Dileep Chaurasiya vs State of U.P. Thru. Prin. Secy. Home… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:63357

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Court No. - 28

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8595 of 2024

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Applicant :- Dileep Chaurasiya Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Santosh Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Brij Raj Singh, J.

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Heard learned counsel for the applicant and Sri Arpit Kumar, learned AGA and perused the record.

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.108 of 2022, under Sections 395, 397, 412, 120-B, 34, 202, 216-A IPC, Police Station Kotwali Tanda, District Ambedkar Nagar.

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Learned counsel for the applicant submits that coaccused Naveen Kumar has been granted bail by this Court vide order dated 28.06.2022 passed in Criminal Misc. Bail Application No.6330 of 2022. He further submits that other co-accused Aavesh Yadav @ Saurabh, Akash Kumar @ Akash Pasi and Ashutosh Paswan @ Ankur have also been granted bail by a coordinate Bench of this Court vide orders dated 15.07.2022, 02.08.2022 and 22.12.2022 passed in Criminal Misc. Bail Application Nos.7779 of 2022, 8602 of 2022 and 14824 of 2022. He has further submitted that case of the applicants is at par with the co-accused and he is pressing the same grounds which were taken in the case of the co-accused. Learned counsel for the applicant also submits that he has explained the criminal history of the applicant in paragraph 20 of the bail application and the applicant has been in jail since 12.05.2022, therefore, he is entitled for bail.

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Learned AGA has opposed the prayer for bail, but

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could not dispute the fact that case of the applicant is at par with the case of co-accused, who have been granted bail by this Court.

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

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Let the applicant Dileep Chaurasiya 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:-

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(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.

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(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.

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

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening

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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.

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(Brij Raj Singh, J.)

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Order Date :- 12.9.2024 Rao/-

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

Dileep Chaurasiya v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Case brief

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Dileep Chaurasiya v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Case brief

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