Allowed

Arvind Kumar Rayakwar v. State of U.P.

Allahabad HC8 Oct 2020BAIL/27133/2020

Case brief

AI extract

What is this about?

This judgment grants bail to the applicant in a criminal trial involving cheating, forgery, and other offences. The court releases the applicant on bail subject to personal bond and sureties, imposing specific conditions to ensure cooperation in the trial and prevent tampering with evidence.

What did the court decide?

Release of the applicant on bail by furnishing a personal bond and two sureties, subject to specific conditions regarding trial conduct and court functioning.

Arvind Kumar Rayakwar 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. - 27133 of 2020

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Applicant :- Arvind Kumar Rayakwar Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Dubey 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, Arvind Kumar Rayakwar, with a prayer to release him on bail in Case Crime No. 116 of 2020, under Sections 420, 467, 468, 471 IPC, Police Station Navabad, District- Jhansi, during pendency of trial.

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There is allegation in the FIR that applicant was roaming during the lock-down on the basis of fake pass.

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Learned counsel for the applicant has submitted that applicant has been falsely implicated in this case by the police. He was not named in the FIR. He has no criminal history to his credit and is in jail since 13.7.2020.

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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 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

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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. In case court below is functioning normally, this condition will not apply and applicant shall be enlarged on bail on execution of bail bond and two sureties to the satisfaction of the court below.

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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 :- 8.10.2020 Ruchi Agrahari

Arvind Kumar Rayakwar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Arvind Kumar Rayakwar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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