Allowed

Rahul Singh @ Rajoo v. State of U.P.

Allahabad HC13 Jan 2021BAIL/2898/2021

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 2898 of 2021, the court released the applicant charged under Sections 411, 413, 467, 468, 471 IPC on bail upon furnishing a personal bond and two local sureties, subject to seven specific conditions regarding trial conduct and absence.

What did the court decide?

Released on bail with personal bond and two local sureties subject to seven conditions.

Rahul Singh @ Rajoo Vs State of U.P. — Cheating and Forgery | Allahabad HC (2021)

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2898 of 2021

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Applicant :- Rahul Singh @ Rajoo Opposite Party :- State of U.P. Counsel for Applicant :- Birendra Singh,Ajay Singh Counsel for Opposite Party :- G.A.

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Hon'ble Neeraj Tiwari,J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.

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It is contended by the learned counsel for the applicant that the applicant is wholly innocent and he has been falsely implicated in the present. It is further submitted that in fact, applicant is his Advocate Clerk(Munshi) in Allahabad High Court. It is next submitted that applicant went to his parental home on holidays where he has been implicated due to certain enmity. It is further submitted that applicant was arrested in Case Crime No. 618 of 2020 and thereafter he was implicated in Case Crime No. 625 of 2020 and present case. The applicant was released on bail by this Court in Case Crime Nos. 618 of 2020 and 625 of 20 vide orders dated 12.1.2021 in Criminal Misc. Bail Application Nos. 1662 of 2021 and 1784 of 2021 respectively. There are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is next contended by the learned counsel for the applicant that the applicant is in jail since 06.12.2020 and in case he is enlarged on bail, he will not misuse the liberty of bail.

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Learned A.G.A. has opposed the prayer for bail, but could not dispute the aforesaid facts.

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Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant -Rahul Singh @ Rajoo, involved in case crime No. 644 of 2020, under Sections 411, 413, 467, 468, 471 IPC, police station -Kotwali Karvi, District -Chitrakoot be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned. It is further provided that this bail order available on the ofÏcial website of the High Court will be taken to be the authentic one and certified copy shall be submitted before that court concerned as soon as it is issued.

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This bail order would be subject to the fulfillment of following conditions:-

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The applicant shall not tamper with the prosecution

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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 sufÏcient cause, the trial court may proceed against him under Section 229A 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 him, 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 sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him 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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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 :- 13.1.2021

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Rmk.

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Digitally signed by Justice Neeraj Tiwari Date: 2021.01.13 15:50:32 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Rahul Singh @ Rajoo v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rahul Singh @ Rajoo v. State of U.P.

Case brief

What is this about?

What did the court decide?

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