Allowed

Raheesh v. State of U.P.

Allahabad HC6 Nov 2019BAIL/45862/2019

Case brief

AI extract

What is this about?

Single judge allowed a bail application under Section 392 IPC. The applicant, an accused falsely implicated with no eye witnesses or recovery, was released on personal bond and two sureties with instructions to cooperate in trial and the trial court to expedite proceedings within one year.

What did the court decide?

Release on bail with personal bond of accused and two reliable sureties subject to specific conditions of conduct.

Raheesh Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 80

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45862 of 2019

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Applicant :- Raheesh Opposite Party :- State of U.P. Counsel for Applicant :- Anand Pati Tiwari,Sacchida Nand Prajapati Counsel for Opposite Party :- G.A.

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Hon'ble Rajendra Kumar-IV,J.

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Supplementary affidavit filed by learned counsel for the applicant, is taken on record.

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Heard Sri Anand Pati Tiwari, learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.

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Accused-applicant, involved in Case Crime No.435 of 2019, under Section 392 I.P.C., Police Station Rasulabad, District Kanpur Dehat, applied for bail.

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Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case; he has committed no offence; prosecution story is false and fake. It has further been submitted that the applicant was not named in F.I.R. but his name came into light during investigation. He further submitted that nothing has been recovered from the possession of applicant. There is no eye witness of the incident. There is no cogent evidence against the applicant to connect him with the present crime. He further argued that all the offences are triable by Magistrate. Applicant is in jail since 23.8.2019. It is further submitted that there is no possibility of the applicant's 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 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, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction, keeping in view the bail orders of co-accused and without commenting upon the merit of the case, applicant deserves bail.

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Accordingly, bail application is allowed .

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Let applicant Raheesh be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking 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 or case.

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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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However, it is provided that Trial Court shall expedite and conclude the trial within one year from the date of production of certified copy of this order without granting unnecessary adjournment, if there is no legal impediment. Order Date :- 6.11.2019

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Manoj

Raheesh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Raheesh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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