Allowed

Rakesh v. State of U.P.

Allahabad HC7 Jul 2020BAIL/13216/2020

Case brief

AI extract

What is this about?

, Criminal Misc. Bail Application allowed. The High Court ordered the release of the applicant on bail based on parity with a co-accused. Bail conditions were framed, including temporary exemption from furnishing sureties until normal court functioning is restored.

What did the court decide?

Released on bail by executing a personal bond without sureties initially; sureties to be furnished within a month of normal court functioning.

Rakesh Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2020)

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Court No. - 82

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13216 of 2020

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Applicant :- Rakesh Opposite Party :- State of U.P. Counsel for Applicant :- Bhagwan Dutt Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant and learned AGA for the State.

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Order on Criminal Misc. Exemption Application

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This exemption application is allowed.

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Order on Criminal Misc. Bail Application

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The instant bail application has been filed on behalf of the applicant, Rakesh, with a prayer to release him on bail in Case Crime No. 23 of 2020, Case No. 1667 of 2020, under Sections- 498-A, 304-B IPC and Section 3/4 of Dowry Prohibition Act, Police Station- Purandarpur, District- Maharajganj, , during pendency of trial.

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Learned counsel for the applicant has contended that applicant is Jeth of the deceased. Co-accused, Vijaylakshmi, who is Jethani of the deceased, has been granted bail by this Court on 11.6.2020 in Criminal Misc. Bail Application No.13158 of 2020. The case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is languishing in jail since 15.2.2020.

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Learned AGA has opposed the prayer for bail, but does not dispute the claim of parity.

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Let the applicant involved in aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

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The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 7.7.2020 Ruchi Agrahari

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Digitally signed by JUSTICE SIDDHARTH Date: 2020.07.07 17:41:23 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Rakesh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rakesh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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