Allowed

rajesh v. State of Up

Allahabad HC8 Jan 2021BAIL/47190/2020

Case brief

AI extract

What is this about?

This is a bail application filed by an elderly accused person charged with causing injuries and death. The court granted bail on conditions including personal bond, sureties, ensuring presence at trial dates, and prohibiting tampering with evidence or future criminal activity, referencing procedures for issuance of proclamation if bail conditions are breached.

What did the court decide?

The applicant-Rajesh, under Sections 304 IPC (criminal negligence) and others, enlarged on bail via personal bond and two sureties.

rajesh Vs State of Up — Bail and Remand | Allahabad HC (2021)

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47190 of 2020

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Applicant :- Rajesh Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Tiwari 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, Sri Rajesh Yadav, learned counsel for the informant and learned A.G.A. for the State.

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It is submitted by the learned counsel for the applicant that applicant has been falsely implicated in the present case. It is further submitted that applicant is old person aged about 71 years. In the statement of injured person, no specific role regarding causing injury has been assigned to the applicant. It is next submitted that four accused persons including the applicant are set to have caused injuries in which three persons received injury and mother of the informant died. It is next submitted that co-accused Salahanti Devi aged about 70 years has already been granted bail by this Court on 14.12.2020 in Criminal Misc. Bail Application No. 42944 of 2020. Applicant has no criminal history and he is in jail since 14.10.2020, undertakes that he will not misuse the liberty, if granted.

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Learned A.G.A. as well as Sri Rajesh Yadav, learned counsel for the informant has vehemently opposed the prayer but could not dispute the age of the applicant as well as grant of bail to co-accused Salahanti Devi.

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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- Rajesh, in Case Crime No. 184 of 2020, under Sections- 323, 504, 506, 325, 452, 304 I.P.C., Police Station- Kotwali, District -Maharajganj, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. It is further provided that this bail order available on the official 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 fulfilment of following conditions:-

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The applicant shall not tamper with the prosecution 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 sufficient cause, the trial court may proceed against him under Section 229-A 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 sufficient 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 :- 8.1.2021

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Rmk.

rajesh v. State of Up

Case brief

What is this about?

What did the court decide?

rajesh v. State of Up

Case brief

What is this about?

What did the court decide?

What the court decided

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