Allowed

Kaptan @ Bheema Rajpoot v. State of U.P.

Allahabad HC15 Sept 2022BAIL/11741/2021

Case brief

AI extract

What is this about?

Criminal Miscellaneous Bail Application where the applicant, impugned in a firing case and in custody for two years, sought release. The Court allowed bail referring to the Apex Court dictum in Dataram Singh, subject to standard conditions. No opinion expressed on merits.

What did the court decide?

Release on bail by furnishing a personal bond and two heavy sureties each in the like amount, subject to standard conditions.

Kaptan @ Bheema Rajpoot Vs State of U.P. — Cheque Dishonour | Allahabad HC (2022)

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Court No. - 49

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11741 of 2021

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Applicant :- Kaptan @ Bheema Rajpoot Opposite Party :- State of U.P. Counsel for Applicant :- Sudhir Kumar Singh,Digvijay Singh Counsel for Opposite Party :- G.A.

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Hon'ble Nalin Kumar Srivastava,J.

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

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It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. Neither he made any fire upon the police nor any forged documents have been recovered from his possession. Alleged offences are not made out against the applicant. He is languishing in jail since 17.10.2020 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

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On the other hand, learned A.G.A. opposed the prayer for bail and argued that there are 12 cases pending against the applicant of similar nature.

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In this matter, it appears that the applicant has not been arrested on spot. It is a case of firing on police party where no one has got any injury. Applicant is said to be languishing in jail for about two years. Grounds taken in the bail application are sufficient. Hence, keeping in view the nature of the offence, evidence, complicity of accused, severity of punishment, submissions of the learned counsel for the parties, the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let applicant Kaptan @ Bheema Rajpoot involved in Case Crime No.858 of 2020 under Sections 307, 504, 414, 467, 468, 471/34 IPC, Police Station Farrukhabad, District - Farrukhabad be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant will not tamper with the evidence during the trial.

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The applicant will not pressurize/ intimidate the prosecution witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 15.9.2022 ss

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Digitally signed by SANDEEP SHARMA Date: 2022.09.16 11:25:00 IST Reason: Location: High Court of Judicature at Allahabad

Kaptan @ Bheema Rajpoot v. State of U.P.

Case brief

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Kaptan @ Bheema Rajpoot v. State of U.P.

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