Allowed

Kamal Singh Rajpoot v. State of U.P.

Allahabad HC10 Jun 2021BAIL/5612/2021

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 5612 of 2021, the Allahabad High Court granted bail to Kamal Singh Rajpoot in a case under Sections 406, 506, 507 IPC and Sections 63E, 67-A of the I.T. Act. The court relied on Article 21 and the Dataram Singh case, directing the applicant to furnish a personal bond and two sureties.

What did the court decide?

The applicant is released on bail upon furnishing a personal bond and two sureties in like amount, subject to specified conditions.

Kamal Singh Rajpoot Vs State of U.P. — Cheating and Forgery | Allahabad HC (2021)

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Court No. - 67

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5612 of 2021

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Applicant :- Kamal Singh Rajpoot Opposite Party :- State of U.P. Counsel for Applicant :- Prem Shankar Counsel for Opposite Party :- G.A.,Ramesh Prasad

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Hon'ble Vivek Kumar Singh,J.

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

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It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that initially the bail was granted to the applicant by the concerned Court below vide order dated 13.9.2019, a copy of the said order is annexed as annexure-2 to the affidavit accompanying this bail application, however the same was cancelled by the concerned Court below vide order dated 22.10.2020 on the serious allegation against the applicant to indulge in another crime towards the same lady victim victim, a copy of said order has been annexed as annexure-10 to the affidavit accompanying this bail application. The submission of the learned counsel for the applicant is that the entire prosecution story is false and fictitious, in fact the applicant has been falsely implicated on the account of the reasons that the complainant Smt. Aneeta Rajpoot is widow of late Harishchandra (the real brother of accused). Smt. Aneeta Rajpoot is appointed as Teacher (under during in harness scheme) in the place of her deceased husband Harishchandra. Her deceased husband was brother as per family relation. The applicant use to help the first informant after death of her husband. She was willing to get marry with the applicant Kamal Singh Rajpoot, but the applicant has denied to marry her due to his living wife and and children. The first informant has falsely implicated the applicant in the instant crime being annoyed with his denial of marriage. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 7.11.2020. It has been pointed out that the applicant has no criminal history.

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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

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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- Kamal Singh Rajpoot , be released on bail in Case Crime No.499 of 2019, under Sections- 406, 506, 507 IPC and 63E and 67-A of I.T. Act, Police Station- Kotwali Nagar, DistrictBanda, 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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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

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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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In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.

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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 computer generated copy of such order shall be self attested by the counsel of the party concerned.

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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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Order Date :- 10.6.2021 Dev/-

Kamal Singh Rajpoot v. State of U.P.

Case brief

What is this about?

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Kamal Singh Rajpoot v. State of U.P.

Case brief

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What did the court decide?

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