Allowed

Ashish Rai v. State of U.P.

Allahabad HC22 Jan 2020BAIL/3355/2020

Case brief

AI extract

What is this about?

The court granted bail to Ashish Rai in a case involving multiple IPC sections including cheating and forgery. The court found that while the charges are serious, the applicant had no criminal antecedents, the recovery lacked independent witnesses, and a prima facie case for bail existed.

What did the court decide?

Release of applicant on bail on personal bond and two sureties subject to conditions not to tamper with evidence, indulge in criminal activity, intimidate witnesses, or abscond.

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

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3355 of 2020

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Applicant :- Ashish Rai Opposite Party :- State of U.P. Counsel for Applicant :- Mithilesh Kumar Rai,Jeetendra Singh,Ravi Shankar Prasad(Senior Adv.) Counsel for Opposite Party :- G.A.

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Hon'ble Ram Krishna Gautam,J.

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By means of this application the applicant Ashish Rai has prayed to release him on bail in Case Crime No. 703 of 2019, u/s 419, 420, 467, 468, 471, 411, 414 I.P.C., P.S. Bhelupur, District Varanasi.

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Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.

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Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in this very case crime number. He was under quarrel with few of constables of police station concerned, who have extended threat. He was detained on 25.8.2019 for which a complaint to S.S.P., Varanasi, was made by his sister Nitu Rai. This was sent through speed post and receipt is there with bail application. As a result of which he has been implicated in this planted recovery. Then after all those cases were planted against him. He was of no criminal antecedent prior to this date of recovery. He is on bail in those cases. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence, in case he is released on bail. Hence bail has been prayed for.

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Learned AGA has vehemently opposed the bail application..

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Having heard learned counsel for both the parties, gone through the material placed on record and from perusal of the F.I.R. itself, it is apparent that it was got lodged upon report of Sub Inspector in which it was written that three persons namely Naveen, Mohd. Junain and Ashish Rai were seen at spot while being with two motorcycles and they ran from the spot after seeing police personnel. But when apprehended three motorcycles were said to have been recovered from their possession. When these three accused were boarded on two motorcycles then how third motorcycle came. Moreso, the applicant was of no criminal antecedent prior to the date of alleged recovery. He is being said to be on bail in other cases. The offence is exclusively triable by Magistrate First Class. There is no independent public witness of alleged recovery.

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Remaining recovery of motorcycles and other vehicles were from a public place, which has been said to be on the pointing out of applicant, but there is no independent public witness. Considering nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case and without commenting on merit of the case, a case for bail is made out.

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Let the applicant, Ashish Rai, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:

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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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Order Date :- 22.1.2020

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Pcl

Ashish Rai v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ashish Rai v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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