Single judge granted bail to the applicant in a robbery case against the State, referring to apex court guidelines and listing standard bail conditions regarding witness tampering and cooperation in trial.
Release of applicant on bail upon execution of personal bond and two sureties subject to specific conditions including non-tampering with evidence.
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Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1016 of 2020
Applicant :- Brajesh Rajpoot Opposite Party :- State of U.P. Counsel for Applicant :- Anvir Singh,Shashi Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned AGA for the State.
The instant bail application has been filed on behalf of the applicant, Brajesh Rajpoot with a prayer to release him on bail in Case Crime No.127 of 2019, under Sections 392, 411 IPC, Police Station Amritpur, District- Farrukhabad during pendency of trial.
There is allegation in the first information report against unknown accused persons regarding robbery of jewellery and key of motor cycle.
Learned counsel for the applicant has submitted that it is a case of false implication. Although recovery has been made from the applicant but there is no public witness of the same. Applicant has criminal history of 27 cases explained in the affidavit in support of the bail application and also in the rejoinder affidavit. Learned counsel for the applicant has further submitted that whenever applicant was implicated in a case by the police he was simultaneously implicated in number of cases which has resulted into long criminal history of the applicant of similar nature. He is in jail since 18.09.2019.
Learned AGA has opposed the prayer for bail of the applicant.
Having considered the material on record, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
during the investigation or trial.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 17.11.2020 SS
2 issues framed by the court
Whether the applicant should be released on bail in a robbery case pending trial.
What conditions should be imposed on the applicant for the grant of bail.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶10
Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 · Who else cites this
Brajesh Rajpoot
State of U.P.
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
