Allowed

Rakesh Kumar v. State of U.P.

Allahabad HC19 Oct 2020BAIL/35181/2020

Case brief

AI extract

What is this about?

In this bail application under sections 420, 467, 468, 471, 120B IPC, the learned High Court granted bail to the applicant, Rakesh Kumar, on grounds of parity with a co-accused and suitability for release, subject to standard conditions.

What did the court decide?

Application allowed; applicant to be released on bail on furnishing a personal bond and two sureties subject to specified conditions.

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

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35181 of 2020

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Applicant :- Rakesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ashwani Kumar Sachan,Saurabh Sachan

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Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard Sri Ashwani Kumar Sachan and Sri Saurabh Sachan, counsels for the applicant and learned A.G.A for the State. Declaration filed by the counsel for the applicant is taken on record.

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Counter affidavit has been filed on behalf of State bySri Jai Narayan, Additional Government Advocate - I, Allahabad High Court, which is taken on record.

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Heard Sri Vinod Diwakar, learned Additional Advocate General assisted by Sri Abhijeet Mukherjee brief holder and Sri Jai Narayan, learned A.G.A-I for the State.

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This bail application has been preferred by the accusedapplicant, Rakesh Kumar, who is involved in Case Crime No. 943 of 2019, under sections 420, 467, 468, 471, 120B I.P.C., Police Station- Civil Lines, District - Rampur.

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Learned counsel for the applicant has submitted that the applicant was not named in the FIR lodged against three coaccused persons. He was member of a co-operative society which granted a lease in favour of two named coaccused persons, namely, Tanjeen Fatma and Abdulla Azam Khan six years ago in normal discharge of duties as member of society.

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Co-accused, Abrar, who was also a member of co-operative society, has already been granted bail vide order dated 14.10.2020 passed in Criminal Misc. Bail Application No. 32035 of 2020. The case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is languishing in jail since 21.06.2020. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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Learned Additional Advocate General has opposed the prayer for bail.

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Let applicant be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable

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sureties of the like amount to the satisfaction of the court concerned with the following conditions-

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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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The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against his under Section 229-A of the Indian Penal Code;

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In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against his, in accordance with law, under Section 174-A of the Indian Penal Code.

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The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against his in accordance with law.

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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.

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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

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ground for cancellation of bail. Order Date :- 19.10.2020 Rohit

Rakesh Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rakesh Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

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