Rajesh v. State of U.P.
Case brief
What is this about?
Single judge allowed a second bail application by an accused facing charges for kidnap, abduction, rape, and criminal misappropriation under IPC, releasing him on personal bond and two sureties.
What did the court decide?
Release of applicant on bail on furnishing personal bond and two sureties with conditions.
What the court decided
Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2190 of 2020
Applicant :- Rajesh Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Counsel for Opposite Party :- G.A.
Hon'ble Sudhir Agarwal,J.
- Heard learned counsel for applicant and learned A.G.A. for State.
- This is the second bail application moved by accused-applicant for enlarging him on bail in Case Crime No. 250 of 2012, under Sections 363, 366, 376, 452 IPC, Police Station Alapur, District Budaun.
- It is contended that in the statement recorded under Section 164 Cr.P.C. victim herself has stated that she has gone voluntarily with Deepak and applicant's name has not been taken hence he has been falsely implicated. Even in charge sheet applicant was not named but subsequently under Section 319 Cr.P.C. he has been summoned. Applicant has no criminal history. There are no chances of applicant of fleeing away from judicial process or tampering with prosecution evidence. He undertakes to appear personally on each and every date and also not seek any unnecessary adjournment during trial. The applicant is in jail since 31.05.2016 and in case he is enlarged on bail, he will not misuse liberty of bail.
- Learned A.G.A. has opposed the prayer for bail.
Issues for consideration
1 issue framed by the court
Whether to grant bail to the accused-applicant in a bail application under Sections 363, 366, 376, 452 IPC.
Parties & counsel
- applicant
Rajesh
- respondent
State of U.P.
Coram
Sudhir Agarwal
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- BAIL/2190/2020
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