Allowed

Rakesh Kumar v. State of U.P.

Allahabad HC15 Jun 2020BAIL/14263/2020

Case brief

AI extract

What is this about?

High Court allowed bail in a criminal case involving possession of motorcycles and a pistol. Appellant was remanded since 2020. Conditions for bail included execution of personal bond, cooperation in trial, and surrender of sureties once courts resumed normal functioning.

What did the court decide?

Release of applicant on bail with personal bond and two sureties subject to specific conditions.

Rakesh Kumar Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14263 of 2020

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Applicant :- Rakesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Singh Patel,Chandra Nath Bhatt Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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In view of the guidelines laid down by this Court, the urgent bail applications have been directed to be heard through Video Conferencing.

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Heard learned counsel for the applicant and learned AGA through Video Conferencing.

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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 Kumar, with a prayer to release him on bail in Case Crime No. 44 of 2020, under Sections 414, 420, 482 IPC, Police Station Bahadurgarh, DistrictHapur, during pendency of trial.

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It is submitted by learned counsel for the applicant that during the routine check, police has recovered 13 motorcycles from the joint possession of the applicant and two co-accused persons. One country-made .315 bore pistol has also been recovered from the applicant. It has been submitted that applicant was arrested by chance and false recovery has been shown against him. He has no criminal history to his credit and is in jail since 18.2.2020.

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Learned AGA has opposed the prayer for bail of the applicant.

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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

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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 :-

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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 :- 15.6.2020 Ruchi Agrahari

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Digitally signed by JUSTICE SIDDHARTH Date: 2020.06.15 17:36:27 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Rakesh Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rakesh Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

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