Allowed

Rajit Ram and Another v. State of U.P.Thru.Prin.Secy.Home Lko.and Another

Allahabad HC8 Jul 2022/1060/2022

Case brief

AI extract

What is this about?

This order allowed an anticipatory bail application under Section 438 Cr.P.C. filed by Rajit Ram and Sant Ram. Relying on Sushila Aggarwal, the court granted bail subject to specific conditions including appearing for interrogation, not tampering with evidence, and not leaving India without permission.

What did the court decide?

Application allowed; accused applicants to be released on bail upon furnishing personal bond with two sureties.

Rajit Ram and Another Vs State of… — Anticipatory Bail | Allahabad HC (2022)

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Court No. - 16

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1060 of 2022

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Applicant :- Rajit Ram And Another Opposite Party :- State Of U.P.Thru.Prin.Secy.Home Lko.And Another

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Counsel for Applicant :- Anil Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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Heard Sri Anil Kumar Tiwari, learned counsel for the applicants and Sri Akhilesh Kumar Awasthi, learned A.G.A. for the State as well as perused the record.

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The present anticipatory bail application has been filed on behalf of the applicants in Case Crime No.274 of 2013, under Sections 419, 420 IPC, Police Station Kotwali Akbarpur, District Ambedkar Nagar, with a prayer to enlarge them on anticipatory bail.

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As per the prosecution story, the co-accused Budhiram and the informant Moti Ram are the real brothers and their father is stated to have died on 21.12.2013. The accused persons fraudulently made a will-deed on 19.12.2021.

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Learned counsel for the applicants has stated that the applicants are the marginal witnesses and they have nothing to do with the said offence. They have no knowledge about the execution the registered will deed as a fake person. They have no criminal history. Charge-sheet has been submitted and the applicants have cooperated during investigation and are ready to cooperate in trial also.

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The prayer for anticipatory bail has been vehemently opposed by learned AGA but he has not disputed the fact that the applicants have no criminal history.

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On due consideration to the arguments advanced by the learned counsel for the parties and in view of the law laid down by the Apex Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98", the applicants are entitled to be released on anticipatory bail in this case.

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In view of the above, the anticipatory bail application of the applicants is allowed. In the event of arrest, let the accusedapplicants Rajit Ram and Sant Ram, be released forthwith in

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the aforesaid case crime (supra) on bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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that the applicants shall make themselves available for interrogation by a police officer as and when required;

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that the applicants shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence;

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that the applicants shall not leave India without the previous permission of the court;

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that in case, the charge-sheet is submitted, the applicants shall not tamper with the evidence during the trial;

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that the applicants shall not pressurize/ intimidate the prosecution witness;

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that the applicants shall appear before the trial court on each date fixed unless personal presence is exempted;

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In case of breach of any of the above conditions, the court below shall have the liberty to cancel the bail.

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It is made clear that observations made in granting anticipatory bail to the applicants shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Order Date :- 8.7.2022 Siddhant

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Digitally signed by SIDDHANT SAHU Date: 2022.07.08 17:03:31 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Rajit Ram and Another v. State of U.P.Thru.Prin.Secy.Home Lko.and Another

Case brief

What is this about?

What did the court decide?

Rajit Ram and Another v. State of U.P.Thru.Prin.Secy.Home Lko.and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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