Allowed

Manoj Kumar Rajpoot v. State of U.P. and Another

Allahabad HC8 Aug 2018CRLA/3716/2018

Case brief

AI extract

What is this about?

The High Court allowed an appeal against the rejection of a bail application. Setting aside the impugned order, the court directed the release of the appellant on bail subject to standard conditions, noting his lack of criminal history and the disputed nature of the injury allegations.

What did the court decide?

The impugned order rejecting bail is set aside; appellant Manoj Kumar Rajpoot is released on bail by furnishing a personal bond and two sureties.

Manoj Kumar Rajpoot Vs State of U.P. and Another — Caste Atrocities | Allahabad HC (2018)

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Court No. - 41

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Case :- CRIMINAL APPEAL No. - 3716 of 2018

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Appellant :- Manoj Kumar Rajpoot Respondent :- State Of U.P. And Another Counsel for Appellant :- Ajay Sengar Counsel for Respondent :- G.A.

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Hon'ble Aniruddha Singh,J.

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Heard learned counsel for the appellant and Sri Mayank Mishra, Brief Holder for the State, and perused the record. Notice upon opposite party no.2 has been served but none is present on behalf of complainant/opposite party No.2.

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This criminal appeal has been filed against order dated 31.5.2018 passed by Special Judge(SC/ST Act), Jhansi in Bail Application No. 981 of 2018(Manoj Kumar Rajpoot vs. State of U.P.) arising out of Case Crime No.85 of 2018 under Section 307, 323, 504 IPC and 3(2)(5) SC/ST Act, Police Station Chirgaon, District Jhansi whereby bail application of appellant was rejected.

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Brief facts of the case are that FIR was lodged against Manoj Kumar and three unknown persons alleging that on 14.3.2018 they assaulted Raghuvir with stick(lathi-danda) and iron rod. He received total 24 injuries but are simple in nature.

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Learned counsel for the appellant submitted that the appellant is languishing in jail since 26.3.2018(about four and half month) having no criminal history. Injured was servant of the applicant in his hotel and hurt himself after slipping from truck while he was running after stealing Rs.55,000/- The appellant has been falsely implicated due to some dispute between them. There is no independent witness and if he is enlarged on bail, he will not abscond or tamper with the evidence.

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Sri Mayank Mishra, Brief Holder opposed the prayer for bail but admitted that the appellant has no criminal history.

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For the foregoing discussions, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the view that the appellant has made out a case for bail. The appeal is allowed. Impugned order dated 31.5.2018 rejecting bail of appellant is hereby set aside.

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Let appellant Manoj Kumar Rajpoot involved in aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court

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concerned subject to following conditions:-

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The appellant will not tamper with the evidence during the trial.

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2.The appellant will not pressurize/ intimidate the prosecution witness.

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3.The appellant will appear before the trial court on the date fixed, unless personal presence is exempted.

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4.The appellant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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5.The appellant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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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 :- 8.8.2018 P.P.

Manoj Kumar Rajpoot v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Manoj Kumar Rajpoot v. State of U.P. and Another

Case brief

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What did the court decide?

What the court decided

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