Allowed

Rajat @ Bijli v. State of U.P.

Allahabad HC22 Oct 2018BAIL/16342/2018

Case brief

AI extract

What is this about?

Court released applicant Rajat @ Bijli on bail in an assault case where general role was attributed to all accused. Applicant furnished a personal bond with two sureties satisfying court conditions to cooperate with trial and avoid tampering.

What did the court decide?

Applicant released on bail by furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.

Rajat @ Bijli Vs State of U.P. — Anticipatory Bail | Allahabad HC (2018)

¶1

Court No. - 55

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16342 of 2018

¶3

Applicant :- Rajat @ Bijli Opposite Party :- State Of U.P. Counsel for Applicant :- Shashank Kumar,Raghuvansh Misra,Yagyadhar Tripathi,Zabir Ali Counsel for Opposite Party :- G.A.

¶4

Hon'ble Vivek Kumar Singh,J.

¶5

Supplementary affidavit filed on behalf of the applicant is taken on record.

¶6

Heard Sri Raghuvansh Misra, learned counsel for the applicant and Sri Sanjay Singh, learned A.G.A. appearing for the State.

¶7

According to the prosecution version the complainant lodged FIR against 3 named persons including the applicant alleging that when his nephew was going to his friend's house suddenly on the way all the accused persons met with the victim and some hot talks were exchanged between the parties. On protest being made by the victim all the accused committed marpeet with their respective weapons of assault causing injuries to him. Thereafter they managed to flee away from the spot.

¶8

Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case due to ulterior motive and he has committed no offence. It is next contended that general role of assault has been made against all the accused persons and no specific role is attributed to the applicant. It is also not known as to who is the author of injuries caused to the injured. It is further submitted that the injured did not make any statement against the accused persons in spite of best efforts made by the investigating officer as they are closed friends to each other. The applicant is a student of B.Sc and is aged about 17 years and half months..Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 19.3.2018. The applicant has one criminal history which has been properly explained as annexure-SA-1 in the supplementary affidavit filed in support of the bail application

¶9

in which he was bailed out by the competent court.

¶10

Learned A.G.A. has vehemently opposed the prayer for bail.

¶11

Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, and also considering the submissions advanced by learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22, the applicant is entitled to be released on bail.

¶12

Without expressing any opinion on the merits of the case let the applicant Rajat @ Bijli involved in Case Crime No. 56 of 2018, under Sections 307, 504 I.P.C, P.S.Shamli, DistrictMuzaffar Nagar be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

¶13

(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed after release.

¶14

(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.

¶15

(iii) The applicant will not indulge in any unlawful activities.

¶16

(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

¶17

The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

¶18

Order Date :- 22.10.2018 IA

Rajat @ Bijli v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rajat @ Bijli v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Gahma @ Gahma Nath Vs State of U.P.

Kuldeep Pathak Vs State of U.P.

Murad Vs State of U.P.

Shivsaran Vs State of U.P.

Mohit Vs State of U.P.

Seraj Alam Vs State of U.P.