Allowed

Rajesh Kumar and Another v. State of U.P.

Allahabad HC5 Feb 2019BAIL/4878/2019

Case brief

AI extract

What is this about?

Court granted bail to applicants accused of offences under IPC and U.P. Mines & Minerals Rules. Bail allowed without entering into merit of self-defense but considering facts, nature of accusation, severity of punishment, and prima facie satisfaction of charge regarding tampering risk.

What did the court decide?

Applicants released on bail on executing personal bond and furnishing two sureties each.

Rajesh Kumar and Another Vs State of U.P. — Corruption | Allahabad HC (2019)

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Court No. - 44

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4878 of 2019

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Applicant :- Rajesh Kumar And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Ashish Kumar 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 applicants as well as learned AGA for the State of U.P and perused the material available on record.

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Contention raised on behalf of the applicants is confined to the extent that the applicants are innocent and have been falsely implicated in this case. No offence has been committed by them. They are the authorised licensee and they have acted under terms and conditions of license and have not committed anything illegal beyond the Rules of "The Mines and Minerals (Development and Regulation) Act, 1957" . Offence alleged is triable by the Magistrate Ist Class. In case, the applicants are admitted to bail, there is no possibility of their absconding or misusing the liberty of bail. The applicants have no previous criminal history and are languishing in jail since 21.12.2018.

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Learned AGA has opposed prayer for bail. However, he has not disputed the aforesaid facts.

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Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicants are entitled to be released on bail.

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Accordingly, bail application is allowed .

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Let the applicants - Rajesh Kumar and Kamlesh Yadav involved in Case Crime No. 286 of 2018, under Sections - 379, 411 I.P.C. & 3/5 Prevention of Damage Public Property Act 1984 & 3, 57, 70 U.P. Mines & Minerals (Concession), Rules, & 4/21 of Mines & Minerals (Development & Regulation) Act 1957, Police Station - Purandarpur, District - Maharajganj be released on bail on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.

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Order Date :- 5.2.2019 S Rawat

Rajesh Kumar and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rajesh Kumar and Another 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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