Allowed

Rajesh v. State of U.P. and Another

Allahabad HC1 Sept 2020BAIL/9705/2020

Case brief

AI extract

What is this about?

In a bail application concerning abduction and criminal intimidation offenses, the court granted bail to the applicant, citing the falsity of allegations and absence of flight risk, applying the reformative theory and Article 21.

What did the court decide?

Release on bail on furnishing a personal bond and two sureties, subject to conditions of appearing in trial, not tampering with witnesses, and not indulging in illegal activities.

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

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9705 of 2020

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Applicant :- Rajesh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Bharat Singh, learned counsel for the applicant, Sri Sanjay Singh, learned AGA-I, for the State and perused the material brought on record.

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The submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated due to ulterior motive. It is next submitted that applicant did not entice away the victim. As a matter of fact, victim who is major both the applicant and victim being in relationship with each other victim had gone with applicant out of her own sweet will and lived with the applicant, which is apparent from her statement recorded under section 161 and 164 Cr.PC Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. Further submission is that applicant who is in jail since 23.1.2020, has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.

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Learned A.G.A. has vehemently opposed the prayer.

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Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.

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Let applicant- Rajesh, be released on bail in Case Crime No. 551 of 2019, under Sections- 363, 366, 506 IPC, Police Station- Sahaswan, DistrictBadaun, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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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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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.

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Order Date :- 1.9.2020 ssm

Rajesh v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Rajesh v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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