Allowed

Ravender v. State of U.P.

Allahabad HC7 Feb 2018BAIL/4646/2018

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant charged under Sections 411, 413, 414 IPC. The court reasoned that despite the severity of punishment and prima facie satisfaction, reasonable apprehension of witness tampering warrants release on personal bond with sureties.

What did the court decide?

Applicant released on bail on furnishing personal bond with two sureties, subject to standard conditions.

Ravender Vs State of U.P. — Cheating and Forgery | Allahabad HC (2018)

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Court No. - 23

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4646 of 2018

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Applicant :- Ravender Opposite Party :- State Of U.P. Counsel for Applicant :- Sandeep Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Sandeep Kumar Srivastava, learned counsel for the applicant and Sri Ravi Singh Parihar, learned A.G.A. appearing for the State.

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It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that nothing has been recovered from the possession of the applicant. It is further submitted that the applicant is an electrician and the police of concerned police wanted to take some work from the applicant which was refused by the applicant because of his ailment on account of which the applicant has been falsely implicated in the present 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 4.12.2017.

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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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Without expressing any opinion on the merits of the case let the applicant Ravender involved in Case Crime No.419 of 2017, under Sections 411, 413, 414 I.P.C., Police Station Didoli, District J.P. 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.

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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 trial court will be at liberty to cancel the bail.

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Order Date :- 7.2.2018

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Dev/-

Ravender v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ravender v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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