Allowed

Rakesh v. State of U.P.

Allahabad HC5 Oct 2020BAIL/27089/2020

Case brief

AI extract

What is this about?

This bail order grants release to the applicant in a dowry-related murder case after the State opposed the prayer. The court imposed a personal bond and specific conditions including prohibitions on tampering with witnesses and committing further crimes.

What did the court decide?

The applicant shall be released on bail by furnishing a personal bond and two sureties to the satisfaction of the court concerned.

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

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Court No. - 36

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27089 of 2020

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Applicant :- Rakesh Opposite Party :- State of U.P. Counsel for Applicant :- Raghubir Singh Counsel for Opposite Party :- Sunil Kumar Misra

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Hon'ble Sanjay Kumar Pachori,J.

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Heard learned counsel for the applicant, Sri R.K. Mishra, Advocate holding brief of Sri Sunil Kumar Misra, learned counsel for the informant, learned A.G.A. for the State and perused the material brought on record.

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The present bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 89 of 2020, under Sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, Police Station- Fatehabad, District- Agra, during pendency of trial.

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The submission advanced by learned counsel for applicant; applicant is innocent and has been falsely implicated in the present case due to ulterior motive; applicant is father-in-law of deceased; no ante-mortem injuries have been found on the postmortem report on the person of the deceased other than the ligature mark on the left side of neck which clearly shows that the deceased has committed suicide; he had never made any demand of dowry i.e. bullet motorcycle from the deceased; there are general allegation against the applicant; applicant was living separately with his wife in another house. On the similar identical facts, co-accused Smt. Kusama @ Khusama (motherin-law) of deceased has already been granted bail by this Court in Criminal Misc. Bail Application No.26875 of 2020 vide order dated 18.09.2020. The applicant is languishing in jail since 25.4.2020 having no criminal history. If he is released on bail, he will never misuse his liberty and will co-operate in the trial.

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Learned AGA for the State and learned counsel for informant have vehemently opposed the prayer for bail.

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Having considered the material on record 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

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

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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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Order Date :- 5.10.2020 Atul

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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