Allowed

Rakesh Pasi v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC31 Aug 2022/7982/2022

Case brief

AI extract

What is this about?

Hon'ble Sanjay Kumar Pachori allowed bail application for applicant Rakesh Pasi in an Arms Act case. Court relied on settled principles and previous precedents, noting heavy pendency and lack of recovery compliance, granting bail subject to standard conditions.

What did the court decide?

Application allowed; applicant released on bail subject to personal bond, two sureties, and several undertakings regarding conduct and attendance in court.

Rakesh Pasi Vs State of U.P. Thru. Prin. Secy. Home Lko. — Bail and Remand | Allahabad HC (2022)

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Court No. - 15

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7982 of 2022

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Applicant :- Rakesh Pasi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Awadhesh Kumar Pal Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Heard Sri Awadhesh Kumar Pal, learned counsel for the applicant and Sri Akhilesh Kumar Vyas, learned A.G.A. for the State and perused the material on record.

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The present bail application has been filed on behalf of applicant Rakesh Pasi under Section 439 of the Code of Criminal Procedure, with a prayer to release him on bail in Case Crime No. 261 of 2022 for offence punishable under Sections 3/5/25 Arms Act, registered at Police Station- Behata Gokul, District- Hardoi during pendency of the trial.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that no incriminating articles has been recovered from the possession of the applicant. It is further submitted that alleged recovery of two country made pistols, 12 bore, four country made pistols, l315 bore and some unprepared country made pistols is made without complying the mandatory provisions of Section under Section 100 of Cr.P.C and there no independent/ public witness of the said alleged recovery. It is further submitted that no other cogent evidence has been collected during the course of investigation.

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It is next contended that applicant has criminal history of six other criminal cases which have been registered/implicated by police, which has been properly explained in para 20 of the affidavit. It is next submitted that there is also no possibility of the applicant either fleeing away from the judicial process or tampering with the witnesses. The applicant, who is languishing in jail since 20.05.2022, undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.

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Per contra , learned A.G.A. has supported the order passed by the court below and vehemently opposed the prayer for grant of

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bail to the applicant and submits that the allegations involved are very serious in nature and the delay in lodging the F.I.R. cannot be said to be fatal to the case at this juncture while considering the application of bail. But they would not point out any material to the contrary. He further submits that in case the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail.

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It is a settled law that while granting bail, the court has to keep in mind the nature of accusation, the nature of the evidence in support thereof, the severity of the punishment which conviction will entail, the character of the accused, the circumstances which are peculiar to the accused, his role and involvement in the offence, his involvement in other cases and reasonable apprehension of the witnesses being tampered with.

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Taking into account the totality of facts and keeping in mind, the ratio of the Apex Court's judgment in the case of State of Rajasthan v. Balchand @ Baliay (1977) 4 SCC 308, Gudikanti Narasimhulu And Ors., v. Public Prosecutor, High Court Of Andhra Pradesh, AIR 1978 SC 429, Ram Govind Upadhyay v. Sudarshan Singh & Ors., (2002) 3 SCC 598, Prasanta Kumar Sarkar v. Ashis Chatterjee & Anr., (2010) 14 SCC 496 and Mahipal v. Rajesh Kumar & Anr., (2020) 2 SCC 118 , the larger interest of the public/State and other circumstances, but without expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail. Hence, the present bail application is allowed.

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Let applicant, Rakesh Pasi be released on bail in the aforesaid case crime number on her furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:

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(i) The applicant 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 her from disclosing such facts to the court or to any police officer or tamper with the evidence.

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(ii) The applicant shall not pressurize/intimidate the prosecution witnesses.

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(iii) 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 of Cr.P.C.

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(iv) The applicant shall file an undertaking to the effect that he

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shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court.

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(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.

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(vi) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. If in the opinion of the trial court that absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed in accordance with law.

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The trial court may make all possible efforts/endeavor and try to conclude the trial expeditiously in accordance with law after the release of the applicant, if there is no other legal impediment.

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It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant along-with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.

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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 :- 31.8.2022 aks

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Digitally signed by ANIL KUMAR SRIVASTAVA Date: 2022.09.02 15:21:56 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Rakesh Pasi v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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Rakesh Pasi v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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