Allahabad High Court
Chandrabhan @ Rinku vs State Of U.P. on 25 April, 2019
Bench: Ram Krishna Gautam
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1495 of 2019
Applicant :- Chandrabhan @ Rinku
Opposite Party :- State Of U.P.
Counsel for Applicant :- Dharmendra Singhal,Shivendra Raj Singhal
Counsel for Opposite Party :- G.A.,S.P.S. Chauhan
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Chandrabhan has prayed to release him on bail in Case Crime No. 503 of 2017, u/s 395, 397, 308 I.P.C., P.S. Baldeo, District Mathura.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number. Co-accused-Anek Singh, was at par in accusation with present accused applicant, has been enlarged on bail in Criminal Misc. Bail Application No. 15913 of 2018 vide order dated 20.8.2018. Co-accused Kehari has also been enlarged on bail in Criminal Misc. Bail Application No. 14785 of 2018, vide order dated 20.8.2018 and co-accused persons Satyaveer and Satyabhan have already been enlarged on bail by this Court in Criminal Misc. Bail Application No. 41652 of 2018, vide order dated 25.4.2019, by this Court. Accused applicants are languishing in jail since long whereas there is extreme parity with those accused applicants who have been enlarged on bail. Hence, bail has been prayed for.
Learned counsel for the informant as well as learned AGA has opposed the bail with this contention that accused person, even after two times directions by this Court did not appear before the trial Court. Proclamation under Sections 82 and 83 Cr.P.C. have been made. Then after tried for their arrest by S.S.P. The witnesses were examined under police protection whereas threat was extended by them and subsequent report was got lodged against them. Hence, there is every likelihood of fleeing from course of justice and tampering with evidence, hence, bail be rejected
First Information Report reveals that it was got lodged on 08.12.2017 at 21:16 hours, for an occurrence on 7.12.2017 at 11:30 A.M. upon the report of Kripal Singh Arya against Satyaveer, Ramveer, Anek Singh, Satyabhan, Chandrabhal @ Rinku and Kehri, with this contention that on 7.12.2017 at about 11:30 A.M., when informant had been in the house of Ashok son of Surendra Singh with regard to a marriage ceremony, where many persons of community were present, those named accused persons armed with countrymade katta, danda and Anek Singh armed with licensed revolver rushed there. They all abused and extended threat of dire consequences. Upon exhortation made by Kehari Singh, he was caught hold, when Ramveer and Satyaveer by threat of katta and Anek Singh by licensee revolver. His licensed pistol No. NPB Pistol RP-177164 and licence No. 1100/2010, make Ordinance Factory, Police Station Baldeo were snatched and he was badly beaten by them. Threat was extended in between Satyabhan, Anek and Satyaveer and others snatched golden chain weighted 45 gm., three rings weighted 30 gm. and when persons present there intervened upon his rescue call, they ran from spot while extending threat of dire consequences. Anek Singh, with same accusation as of accused applicants, has been granted bail in Criminal Misc. Bail Application No. 15913 of 2018 vide order dated 20.8.2018 by another co-ordinate Bench of this Court and other co-accused persons have also been enlarged on bail. One Kehari has been enlarged on bail, from whom there was alleged recovery of pistol was made. Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Chandrabhan, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 25.4.2019
Kamarjahan
