Allowed

Rajan Singh Alias Rajjo v. State of U.P.

Allahabad HC24 Jan 2019BAIL/3397/2019

Case brief

AI extract

What is this about?

In this bail application, the High Court of Uttar Pradesh considered an appeal by Rajan Singh Alias Rajjo charged in a case involving assault leading to death. The court held it to be a fit case for bail, ordering release on bond and sureties subject to conditions.

What did the court decide?

Applicant released on bail on furnishing personal bond and two sureties each in like amount subject to specified conditions.

Rajan Singh Alias Rajjo Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2019)

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Court No. - 50

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3397 of 2019

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Applicant :- Rajan Singh Alias Rajjo Opposite Party :- State Of U.P. Counsel for Applicant :- Rajesh Kumar Srivastava,Virendra Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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Vakalatnama filed today by Sri Ken Singh, Advocate on behalf of complainant is taken on record.

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Heard learned counsel for the applicant, learned counsel for the complainant as well as Sri C.P. Singh, learned A.G.A. for the State and perused the record.

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According to prosecution case, F.I.R. was lodged against four accused persons, namely Raju, Rajjo @ Rajan, Bhoora and Lavkush alleging that on 31.8.2018 they assaulted Omwati with lathi-danda and by kicks and fists, she received two injuries, resultantly died.

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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 are general allegations against all accused persons. It is not clear from the prosecution case, who is the author of that injury due to which he died. There is no independent witness and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 14.9.2018 (near about four and half 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 opposed the prayer for bail.

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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 applicant Rajan Singh Alias Rajjo involved in Case Crime No. 648 of 2018, under Sections 304, 323, 504, 506 IPC, Police Station Achhnera, District Agra be released on

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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 :- 24.1.2019

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A. Singh

Rajan Singh Alias Rajjo v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rajan Singh Alias Rajjo v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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