Allowed

Rakesh Alias Bablu v. State of U.P.

Allahabad HC18 Jun 2020BAIL/8332/2020

Case brief

AI extract

What is this about?

The Hon'ble High Court granted bail to the applicant in a criminal case involving Sections 498A and 304B IPC. The court imposed specific conditions regarding cooperation, no tampering with evidence, and verification of the order from the official website, while exercising judicial discretion.

What did the court decide?

Release of the applicant on personal bond and sureties subject to specified standard conditions.

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

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8332 of 2020

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Applicant :- Rakesh Alias Bablu Opposite Party :- State of U.P. Counsel for Applicant :- Subhash Chandra Pandey 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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The instant bail application has been filed on behalf of the applicant, Rakesh Alias Bablu, with a prayer to release him on bail in Case Crime No.147 of 2019, under Section 498A, 304B I.P.C and 3/4 D. P. Act, Police Station Milak Khanam, District- Rampur during pendency of trial.

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Learned counsel for the applicant has passed a certified copy of the statement of PW-1 (informant), who is brother of the deceased before the court along with un-sworn supplementary affidavit, the same is taken on record.

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It has been submitted by the learned counsel for the applicant that before the trial court informant has not supported the prosecution case. He has stated in crossexamination that he does not knows how and when his sister died. He has admitted that after due deliberation the first information report was lodged. It has been submitted by the learned counsel for the applicant that the deceased died on account of hanging. There is no injury on the body of the deceased. The applicant is in jail since 12.08.2019 and has no criminal history to his credit.

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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 evidence by intimidating/ pressurizing the witnesses,

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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.

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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 :- 18.6.2020

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Rakesh Alias Bablu v. State of U.P.

Case brief

What is this about?

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Rakesh Alias Bablu v. State of U.P.

Case brief

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