Allowed

Rakesh v. State of U.P.

Allahabad HC25 Jan 2018BAIL/2672/2018

Case brief

AI extract

What is this about?

In a bail application under Criminal Misc. B.A. No. 2672 of 2018, the court considered arguments regarding false implication and lack of injury. Balancing the severity of punishment and risk of witness tampering, the court granted bail with personal bond conditions.

What did the court decide?

Applicant released on bail on personal bond with two sureties conditioned on attending trial and not tampering with witnesses.

Rakesh Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 23

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2672 of 2018

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Applicant :- Rakesh Opposite Party :- State Of U.P. Counsel for Applicant :- Mr Ram Babu Sharma,Mr Ardhendu Shekhar Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.

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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. It is further submitted that applicant was not named in first information report. It is further submitted that nothing has been recovered from the possession of the applicant and the alleged recovery is false one. It is further submitted that the applicant did not cause any injury to any person thus it is no injury case. 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 09.09.2017. The applicant has no other reported criminal antecedent.

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

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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, the applicant is entitled to be released on bail in this case.

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Let the applicant Rakesh involved in Case Crime No. 325 of 2017, under Section 395, 412, 307 I.P.C., Police Station Subhash Nagar, District Bareilly 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

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following conditions:-

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The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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

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Order Date :- 25.1.2018 Arti Sharma

Rakesh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rakesh 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

Statutes considered

Parties & counsel

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