Allowed

Rajkumar and 2 Others v. State of U.P.

Allahabad HC2 Dec 2021BAIL/16493/2021

Case brief

AI extract

What is this about?

In a bail application under Section 439 Cr.P.C., the court allowed release of three accused persons during trial. Relying on the victim's statements indicating voluntary association with a co-accused, the court found a case for bail and imposed standard conditions.

What did the court decide?

Applicants released on bail with personal bond and two sureties subject to conditions against tampering, seeking adjournments, and criminal activities.

Rajkumar and 2 Others Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 88

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16493 of 2021

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Applicant :- Rajkumar And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar,Chandra Jeet Singh Counsel for Opposite Party :- G.A.

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Hon'ble Anil Kumar Ojha,J.

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Learned counsel for the applicants has filed supplementary affidavit, which is taken on record.

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Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

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This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicants Raj Kumar, Naresh and Dharmpal @ Dharmveer seeking enlargement on bail during trial in connection with Case Crime No. 452 of 2019, under Sections 363, 366, 120-B I.P.C. registered at P.S.Tappal, District- Aligarh.

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Submission of learned counsel for the applicants is that applicants are innocent and have been falsely implicated. Victim went with the co-accused Ajay out of her own free will. There was no enticement. Victim is major and consenting party. Further submitted that the victim in her statement under section 161 Cr.P.C. has stated that on 23.11.2019 her mother beaten her, enraged thereupon she called co-accused Ajay by telephone at Tappal. Thereafter she went to meet him out of her own sweet will and they went to Delhi where they started living in a rental room, as husband and wife. In her statement under Section 164 Cr.P.C. also she has narrated again that she went with Ajay to Delhi out of her own volition and started living as husband and wife. Nothing wrong has happened with her. Further submitted that the applicant is languishing in jail since 28.12.2020.

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Per contra, learned A.G.A. opposed the prayer for bail but could not dispute the facts stated in the statement of victim under Sections 161 and 164 Cr.P.C.

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Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of accused and all other attending circumstances were duly considered.

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Considering the rival submissions of learned counsel for the parties, keeping in view the statement of victim under sections 161 and 164 Cr.P.C, without commenting upon merits of the

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case, a case for bail is made out.

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Accordingly, the bail application is allowed .

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Let the applicants Raj Kumar, Naresh and Dharmpal @ Dharmveer involved in the aforesaid case crime, be released on bail on their furnishing a personal bond and two sureties 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 evidence or threaten the witnesses.

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The applicants shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.

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During trial, he shall not indulge in any criminal activities.

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In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.

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Order Date :- 2.12.2021 v.k.updh.

Rajkumar and 2 Others v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rajkumar and 2 Others v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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