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2025 DAILYLAW 3626 (ALL)

CHANDRAPAL v. STATE OF U.P.

BAIL/313/2025 · 2025-03-17

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:38238 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 313 of 2025 Applicant :- Chandrapal Opposite Party :- State of U.P. Counsel for Applicant :- Desh Ratan Chaudhary,Siddharth Chaudhary Counsel for Opposite Party :- G.A.,Ram Behari Saxena Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant,Sri R.K. Srivastava, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Chandrapal, seeking enlargement on bail in Case Crime No. 435 of 2024, under Sections 109, 115(2), 352, 351(2), 333, 125 of the Bharatiya Nyaya Sanhita, 2023 & Section 3/25 Arms Act, Police Station- Baldev, District- Mathura. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 23.11.2024. Learned counsel for the applicant further submits that due to sudden feud arose between the parties, present incident took place. As per the medical examination report, the injured was admitted to the District Hospital on 22.11.2024 and was discharged on 01.12.2024 and in the report, no obvious bony fracture was seen and the injuries sustained by the injured are not dangerous to life as no internal damage has been caused to the injured. He next submits that after arrest, recovery of one country made pistol has been shown from pointing of the applicant. The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Chandrapal, 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 :- 18.3.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad