Allowed

Rakesh Alias Rakhi v. State of U.P.

Allahabad HC1 Apr 2019BAIL/45277/2017

Case brief

AI extract

What is this about?

In this criminal bail application, the High Court allowed the release of the applicant, who was falsely accused of murder and hurt. The court noted the applicant's identical role to co-accused already granted bail and found no risk of flight or tampering.

What did the court decide?

Applicant released on bail on personal bond and two sureties subject to conditions not to tamper with evidence or witnesses.

Rakesh Alias Rakhi Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2019)

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Court No. - 49

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45277 of 2017

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Applicant :- Rakesh Alias Rakhi Opposite Party :- State Of U.P. Counsel for Applicant :- J.B. Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajendra Kumar-IV,J.

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Counter affidavit on behalf of State and rejoinder affidavit to the said counter affidavit have been filed in the Court today are taken on record.

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Heard Sri J.B. Singh, learned Counsel for applicant, learned AGA for State and perused the material available on record.

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This bail application has been filed by the accusedapplicant Rakesh Alias Rakhi, who is involved in Case Crime No. 687 of 2016, under Sections 302/394 IPC , Police Station Surajpur, District Gautam Budh Nagar.

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Learned counsel for the applicant submits that applicant has been falsely implicated in the present case for the purpose of harassment on account of enmity. Applicant has not been named in the FIR and his name came into light during investigation upon the statement of co-accused Amit and Raj Kumar, recorded under Section 161 Cr.P.C. and confessional statement of applicant when he was arrested. Both the co-accused persons have been granted bail on 30.08.2017 by a coordinate Bench of this Court in Criminal Misc. Application Nos. 14930 of 2017 and 16629 of 2017 respectively. Role of the present applicant is identical to the co-accused, namely, Amit and Raj Kumar. Applicant is in jail since 27.03.2017. It is further submitted that there is no possibility of the applicant fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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Learned A.G.A. has opposed the prayer for bail and submitted that name of present accused has come into light during investigation upon statement of co-accused Amit and Raj Kumar but did not dispute the factual submissions made by the learned counsel for the applicant.

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Considering the facts and circumstances of the case and

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rival contention of learned counsel, without commenting upon the merit of the case, I am of the opinion that the applicant is entitled to be released on bail.

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Accordingly, bail application is allowed.

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Let applicant Rakesh Alias Rakhi be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties to the satisfaction of the court concerned subject to the following conditions:-

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The applicant shall not tamper with the evidence or threaten the witnesses.

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The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.

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During trial, he shall not indulge in any criminal activities.

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In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.

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Order Date :- 1.4.2019 I.A.Siddiqui

Rakesh Alias Rakhi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rakesh Alias Rakhi v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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