Allowed

Rajendra Prasad v. State of U.P.

Allahabad HC2 Nov 2020BAIL/27504/2020

Case brief

AI extract

What is this about?

In a bail application under CrPC, this single-judge court allowed the bail of the accused Rajendra Prasad amidst the coronavirus pandemic. The court accepted that the applicant was not a director and was falsely implicated, granting bail subject to personal bond conditions and verification of court orders.

What did the court decide?

Allowance of bail on personal bond and two sureties, subject to conditions regarding no tampering with witnesses and verification of the order.

Rajendra Prasad Vs State of U.P. — Cheating and Forgery | Allahabad HC (2020)

¶1

Court No. - 70

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27504 of 2020

¶3

Applicant :- Rajendra Prasad Opposite Party :- State of U.P. Counsel for Applicant :- Brij Kishore Pandey Counsel for Opposite Party :- G.A.

¶4

Hon'ble Siddharth,J.

¶5

Deficiency of welfare stamp is made good.

¶6

Heard learned counsel for the applicant and learned A.G.A.

¶7

Despite time granted no counter affidavit has been filed by the learned A.G.A.

¶8

The allegation in the First Information Report is that applicant and other co-accused persons collected money from the investors,thereafter, they vanished and company was closed.Learned counsel for the applicant has submitted that applicant was not director of the company which was involved in collection of money from the public nor company has been implicated as accused in the First Information Report.The informant was agent of the company and has lodged the First Information Report only to save himself.Applicant alleges false implication.The applicant is in jail since 11.4.2020 and has no criminal history.

¶9

Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact..

¶10

Keeping in view the nature of the offence, argument advanced on behalf of the parties, spreading of novel corona virus in jails, evidence on record regarding complicity of the accused, 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, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶11

Let the applicant, Rajendra Prasad, who is involved in Case Crime No. 342 of 2020, under Sections 420, 406, 504, 506, 467, 468, 201, 471, 120-B,34 I.P.C, Police Station-Cantt. , District- Varanasi, 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

¶12

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

¶13

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

¶14

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

¶15

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.

¶16

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.

¶17

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

¶18

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.

¶19

In case of breach of any of the above conditions, it

¶20

shall be a ground for cancellation of bail.

¶21

Order Date :- 2.11.2020 Atul kr. sri.

Rajendra Prasad v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rajendra Prasad v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Rakesh Pandey and 6 Others Vs State of U.P. and 2 Others

Mohammad Sadiq Alam Vs State of U.P.

Mukesh Kumar Vs State of U.P.

Brij Pal Singh Vs State of U.P.

Asfaq Vs State of U.P.

Shyam Lal Vs State of U.P.