Allowed

Rakesh Kumar v. State of U.P.

Allahabad HC12 Apr 2019BAIL/15234/2019

Case brief

AI extract

What is this about?

A criminal bail application filed by Rakesh Kumar under Sections 498-A, 306 IPC. The High Court, not expressing an opinion on merits, observed the case as a fit case for bail and granted it on personal bond and sureties subject to standard conditions.

What did the court decide?

Release on bail on furnishing a personal bond and two sureties subject to conditions against tampering with evidence and escaping.

Rakesh Kumar Vs State of U.P. — Matrimonial and Divorce | Allahabad HC (2019)

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Court No. - 44

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15234 of 2019

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Applicant :- Rakesh Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Chandra Shekhar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

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According to prosecution case, the F.I.R. was lodged against five accused persons namely, Rakesh, Gomati, Munna, Champa, Monu alleging that the marriage of deceased Babli was solemnized with Rakesh before 15 years. Two children were born out of the wedlock of deceased and her husband. After investigation, the name of applicant and coaccused Champa, and Munna was found false and final report was submitted; charge sheet has been submitted against Monu only. Vide order dated 15.2.2016 applicant and co-accused Champa, and Munna were summoned under Section 319 Cr.P.C.

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It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. There is general allegations against the applicant. Offences levelled against the applicant are not attracted in the present case. Final report was submitted against applicant and co-accused Champa, and Munna, thereafter they were summoned under Section 319 Cr.P.C. There is no legal evidence against the applicant. Applicant was summoned by trial court without giving opportunity of hearing and cross examination. Presumption under Section 113-B of Evidence Act will not lied against the applicant. He is languishing in jail since 7.2.2019 (more than two months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Learned counsel for the complainant as well as learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.

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Considering the submission of learned counsel for the parties, 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 opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.

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Let the applicant Rakesh Kumar involved in Case Crime No. 209-C of 2013, under Sections 498-A, 504, 506, 306 IPC, Police Station Janakpuri, District Saharanpur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

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

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

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

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4.The applicant 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 applicant 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 :- 12.4.2019 A. Singh

Rakesh Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rakesh Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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