Allowed

Rampal v. State of U.P.

Allahabad HC10 Jul 2019BAIL/41938/2018

Case brief

AI extract

What is this about?

Criminal Court No. 51 allowed a bail application filed by Rampal in a case involving Sections 272, 420 IPC and Excise Act. The court held that prima facie a case for bail is made out, granting the application subject to tenor of bonds and conditions.

What did the court decide?

Release on bail on executing a personal bond and furnishing two sureties with specific conditions against tampering and harassment.

Rampal Vs State of U.P. — Cheque Dishonour | Allahabad HC (2019)

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Court No. - 51

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41938 of 2018

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Applicant :- Rampal Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Kumar Dubey,Pankaj Sharma,Prashant Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Vipin Sinha,J.

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Counter affidavit filed in Court today is taken on record.

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Heard learned counsel for the applicant and learned A. G. A. for the State.

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Applicant has moved the present bail application seeking bail in Case Crime No. 446 of 2018, under Sections 272, 420 I.P.C. and section 61/62/72 Excise Act, P.S. Sikandrarau, District Hathras.

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I have perused the prosecution story as set up in the F.I.R. and also the bail rejection order.

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The contention as raised at the bar by learned counsel for the applicant is that the applicant has been falsely implicated in the present case; there is no eye-witness account in the present case; the accused applicant is in jail since 4.7.2018 with no previous criminal history and in case he is released on bail, he will not misuse the said liberty; a period of one year has already elapsed since the is in jail.

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The bail application has been vehemently opposed by learned A. G. A.

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Without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.

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The prayer for bail is granted. The application is allowed.

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Let the applicant Rampal involved in the aforesaid case crime number be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses.

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iii) The applicant shall appear on the date fixed by the trial court.

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iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.

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v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the

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applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of default of any of the conditions enumerated above, the learned counsel for the complainant is free to move an application for cancellation of bail before this Court.

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Order Date :- 10.7.2019 Kuldeep

Rampal v. State of U.P.

Case brief

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Rampal v. State of U.P.

Case brief

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