Allahabad High Court
Chandrika vs State Of U.P. on 20 January, 2021
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2628 of 2021
Applicant :- Chandrika
Opposite Party :- State of U.P.
Counsel for Applicant :- Rajesh Kumar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 53 of 2020, under Sections 307, 504, 506 IPC, P.S. Khadda, District Kushinagar.
Counsel for the applicant argues that no specific weapons has been assigned to the applicant. He further argues that initially the charge-sheet was filed under Section 324 IPC, however, on directions the matter was further investigated and Section 307 IPC was added. He states that even from perusal of the medical report, it cannot be said that the offence under Section 307 IPC is made out. He further argues that the genesis of the FIR is on account of the civil dispute going on in between the parties with regard to possession and he also bring on record that the applicants has also got an FIR registered. The applicant is languishing in jail since 13.10.2020.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant by contending that there is no reason to falsely implicate the applicant, therefore, he does not deserve any benevolence. In case, the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail.
Considering the facts and circumstances of the case as well as the fact that the applicant is languishing in jail since 13.10.2020 and has no criminal antecedents and no specific weapons has been assigned to the applicant and there is nothing on record to demonstrate that if the applicant is enlarged on bail would affect the trial adversely as well as considering the ratio of judgment of Hon'ble Supreme Court in the case of Data Ram Singh Vs. State of U.P. and Others, 2018 (3) SCC 32, without expressing any opinion on merit of the case, the applicant is entitled to be enlarged on bail.
Let the applicant Chandrika involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
1. The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
5. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 20.1.2021
S. Rahman
