Allowed

Raj Nair v. State of U.P.

Allahabad HC20 May 2019BAIL/16313/2019

Case brief

AI extract

What is this about?

Second bail application allowed. Court permitted release on personal bond with two sureties, requiring applicant to deposit Rs.40,000 to the victim via CJM Auraiya within one month, granting right of bail cancellation upon failure to pay.

What did the court decide?

Release on personal bond with two sureties, conditioned upon depositing Rs.40,000 to the victim via CJM Auraiya within one month; bail liable to cancellation on default.

Raj Nair Vs State of U.P. — Money Laundering | Allahabad HC (2019)

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Court No. - 64

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Case :- CRIMINAL MISC. IInd BAIL APPLICATION No. - 16313 of 2019

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Applicant :- Raj Nair Opposite Party :- State Of U.P. Counsel for Applicant :- Prakash Chandra Srivastava,Vishnu Prakash Counsel for Opposite Party :- G.A.

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Hon'ble Arvind Kumar Mishra-I,J.

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Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.

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This is second bail application. The first bail application was rejected by this Court vide order dated 28.02.2019.

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At the very outset, instead of arguing the matter on merits, learned counsel for the applicant has submitted that the applicant is ready to pay back Rs.40,000/- as involved in this transaction to the informant side by way of demand draft within one month from the date of his release and an undertaking has been given that if the applicant fails to pay back the aforesaid amount, his bail may be cancelled. Applicant has no intention to escape liability fastened upon him. In case the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 10.01.2019.

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Though learned A.G.A. has vehemently opposed the prayer for bail but conceded that if applicant is ready to deposit the requisite amount in question, then Court may consider his bail application sympathetically.

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In view of the submissions and the undertaking be given by the applicant that he will pay back amount by way of demand to the informant side and will cooperate with the trial and also remain present before the court concerned as and when the date is fixed in the trial proceeding, the second bail application is allowed.

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Let the applicant - Raj Nair involved in Case Crime No.0786 of 2018, under Sections - 419, 420, 467, 468, 471 I.P.C., Police Station - Dibiyapur, District - Auraiya be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned

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subject to the condition that he will pay back Rs.40,000/- by way of demand draft within a period of one month next from the date of his release to the victim/informant of this case through the Chief Judicial Magistrate, Auraiya who shall after due identification of the victim/informant hand over the same to the victim/informant.

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However, it is made clear that if the amount in question is not paid by the applicant within one month from the date of his release, then the informant/victim shall be free to move an application before the Chief Judicial Magistrate, Auraiya with a prayer to cancel the bail and upon ascertaining the real facts regarding non payment, the Chief Judicial Magistrate, Auraiya shall cancel the bail of the applicant.

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Order Date :- 20.5.2019 rkg

Raj Nair v. State of U.P.

Case brief

What is this about?

What did the court decide?

Raj Nair v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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