Chanchal vs State Of U.P.
2016 Latest Caselaw 4946 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 46
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26763 of 2016
 

 
Applicant :- Chanchal
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Dhirendra Kumar Srivastav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Om Prakash-VII,J.

Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

It is submitted by learned counsel for the applicant that co-accused has been granted bail by this Court on 17.6.2016 vide Criminal Misc. Bail Application No. 19845 of 2016. He further submits that since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. Applicant is in jail since 25.6.2016.

On the other hand, learned AGA opposed the prayer for bail.

Considering the submissions of the learned counsel for the parties, the fact that the identically placed co-accused has already been released on bail by this Court, without expressing any opinion on the merits of the case, the Court is of the view that it is a fit case for bail. The bail application is allowed.

Let the applicant Chanchal involved in Case Crime No. 205 of 2015, under Sections 147, 308, 323, 504, 506 IPC and Section 3(1)(X) SC/ST Act,  Police Station Baburi, District Chandauli be released on bail on 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.

1. The applicant will not tamper with the evidence during the trial.

2. The applicant will not pressurize/ intimidate the prosecution witness.

3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

5. 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.

In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

Order Date :- 8.8.2016/Sachdeva