Allowed

Rahul Gautam v. State of U.P.

Allahabad HC4 Aug 2021BAIL/8092/2021

Case brief

AI extract

What is this about?

The Court granted bail to Rahul Gautam in a case under Sections 392/411 IPC, allowing release on a personal bond and two sureties subject to standard conditions, without expressing an opinion on the merits of the case.

What did the court decide?

Bail granted on furnishing a personal bond and two sureties in the like amount subject to conditions of attending trial, not tampering with witnesses, and not indulging in illegal activities.

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

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Court No. - 71

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8092 of 2021

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Applicant :- Rahul Gautam Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. appearing for the State and perused the material brought on record.

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Learned counsel for the applicant submits that the applicant is not named in F.I.R. and he has been falsely implicated in the present case due to ulterior motive. Nothing incriminating material has been recovered from the possession of the applicant and no any test identification was also till date. It is further contended that at the time of preparation of fard no any eyewitness was present who supported the prosecution version. There is no criminal history of applicant. 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 11.12.2020.

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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 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- Rahul Gautam, be released on bail in Case Crime No. 783/2020, under Sections- 392/411 I.P.C., P.S.Govindpur, District- Kanpur Nagar, 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

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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 :- 4.8.2021 Sharad/-

Rahul Gautam v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rahul Gautam v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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