Allowed

Rakesh and Another v. State of U.P.

Allahabad HC15 Jun 2021BAIL/16268/2021

Case brief

AI extract

What is this about?

The High Court allowed bail to Rakesh and Vipin in a murder case under Section 304 IPC. The court held that applicants were entitled to bail without examining merits, subject to conditions regarding tampering with evidence and sureties, with a specific provision for pandemic-induced court closures.

What did the court decide?

Released on bail on personal bond and two sureties subject to standard conditions and pandemic-specific relaxations allowing release on personal bond alone during lockdown.

Rakesh and Another Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 65

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16268 of 2021

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Applicant :- Rakesh And Another Opposite Party :- State of U.P. Counsel for Applicant :- Sudhakar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Kumar,J.

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Heard learned counsel for the applicant, learned counsel for the informant as well as learned A.G.A. for the State and perused the material placed on record.

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This bail application has been preferred by the accusedapplicants- Rakesh and Vipin who are involved in Case Crime No. 67 of 2020, under Sections 304 I.P.C., Police StationBahjoi, District-Sambhal.

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Learned counsel for the applicants submits that applicants are innocent and have falsely been implicated in this case due to rivalry; that an F.I.R. was got registered by Dropa, the informant, against three named accused persons including the applicants, attributing a general role of indiscriminate assault by bricks upon her husaband- Gangaram, deceased; that postmortem report of the deceased reveals that there is only one lacerated head injury and cause of death was not ascertained; submission is that as the cause of death was not ascertained, a panel of three doctors was constituted by Chief Medical Officer, which gave the opinion that the cause of death might be heart attack , certificate to this effect has been annexed as Annexure No. 5 to the bail application. It is lastly submitted that the applicants have no criminal history, they are languishing in jail since 20.2.2021 and in case they are released on bail they will not misuse the liberty of bail.

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Learned A.G.A has vehemently opposed the prayer for grant of bail.

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Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case the accused applicants are entitled for bail.

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Let the applicants involved in the aforesaid crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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The applicants shall not tamper with the prosecution evidence, shall cooperate in the investigation or trial and will not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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However, if due to Covid-19 pandemic, the Sub-ordinate Court is under lockdown, the applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused till furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts is 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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It is made clear that in the event the Sub-ordinate Court is functional as usual then the normal procedure/mode of filing bail bonds and two sureties each in the like amount to the satisfaction of the Court concerned will be adopted.

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Order Date :- 15.6.2021 S.Verma

Rakesh and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rakesh and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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