Allowed

Raj Kishor @ Tobhu Lal v. State of U.P. Thru.Prin.Secy. Home and 3 Others

Allahabad HC17 Nov 2022/5668/2022

Case brief

AI extract

What is this about?

In a bail application under Section 438 Cr.P.C., the Court granted release to the applicant, a repeat offender with no criminal antecedents in this specific charge. The order imposed strict conditions to ensure presence and prevent tampering with evidence.

What did the court decide?

Release on bail subject to furnishing a personal bond and two sureties, with strict conditions regarding absence, tampering, and attendance for recording of Section 313 Cr.P.C. statement.

Raj Kishor @ Tobhu Lal Vs State of U.P. Thru.Prin.Secy… — Bail and Remand | Allahabad HC (2022)

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Court No. - 27

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5668 of 2022

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Applicant :- Raj Kishor @ Tobhu Lal Opposite Party :- State Of U.P. Thru.Prin.Secy. Home And 3 Others Counsel for Applicant :- Lalji Prasad Shukla Counsel for Opposite Party :- G.A.,G.A.

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Hon'ble Shree Prakash Singh,J.

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Heard learned counsel for the applicant, the learned A.G.A. for the State and perused the record.

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The instant bail application has been filed on behalf of the applicant with a prayer to release the applicant on bail during the trial in Case Crime No. 77 of 2022, Section 3(2)V of the SC/ST Act of the I.P.C., P.S.-Imaliya Sultanpur, District - Sitapur.

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Learned counsel for the applicant submits that present applicant is innocent and has been falsely implicated due to ulterior motive. He next added that Section 3(2)V of the SC/ST Act has later been added in the case crime no. 77 of 2022. He next added that the applicant has already been enlarged on bail in Criminal Misc. Bail Application No. 5478 of 2022 under Sections 363, 366, 376 of the IPC and Section 4 of the POCSO Act, District Imaliya Sultanpur, District Sitapur. He submits that the applicant is entitled to be released on bail in this matter also. Further there is no any criminal antecedent of the applicant. The applicant is languishing in jail since 15.03.2022. He has also shown certain falsity in the allegations made in the F.I.R. In case, the applicant is granted bail, he will not misuse the liberty of bail and will co-operate in the trial proceedings.

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Per contra, learned A.G.A. has very vehemently opposed the contention aforesaid but could not dispute the fact that Section 3(2)V of the SC/ST Act has been added later on.

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Having heard learned counsel for the parties and after perusal of the record, it is evident that there is no criminal antecedent of the applicant; and the applicant is languishing in jail since 15.03.2022.

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Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie

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satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail.

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Let the applicant Raj Kishor @ Tobhu Lal involved in the aforementioned crime be released on bail, on him furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-

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(1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial;

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(2) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. He 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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(3) 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.; and

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(4) In case, the applicant misuses the liberty of bail during trial 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, 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 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 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 merits of the case.

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Order Date :- 17.11.2022 Anurag, APS

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Digitally signed by ANURAG SINGH Date: 2022.11.19 12:41:28 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Raj Kishor @ Tobhu Lal v. State of U.P. Thru.Prin.Secy. Home and 3 Others

Case brief

What is this about?

What did the court decide?

Raj Kishor @ Tobhu Lal v. State of U.P. Thru.Prin.Secy. Home and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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