This court allowed a bail application filed by Rakesh Singh @ Mantu under IPC Sections 323, 324, 506, and 326. The court held it to be a fit case for bail after hearing counsel, applying restrictions on tampering with evidence and witness harassment.
Applicant released on bail on executing a personal bond and furnishing two sureties each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13058 of 2022
Applicant :- Rakesh Singh @ Mantu Opposite Party :- State of U.P. Counsel for Applicant :- Priyavrat Tripathi,Ashok Kumar Singh Counsel for Opposite Party :- G.A.,Pushpendra Singh Jadon
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Rakesh Singh @ Mantu in connection with Case Crime No. 428 of 2021, under Sections 323, 324, 506, 326 of IPC, Police Station Bansgaon, district Gorakhpur.
The FIR was lodged by the complainant against Rakesh Singh @ Mantu for alleged incident with allegation that complainant was sleeping his room then the applicant asked to open the door and when he opened the door the applicant. But the country made pistol on his forehead and thereafter he assaulted him and bite his ears with teeth and threatened to kill him if he went to the police station. Learned counsel for the applicant submits that the accused is quite innocent and he has been falsely implicated in the present case. He further submits that there is no fatal injury caused to the informant by the present applicant. He next submitted that the applicant is languishing in jail since 13.01.2022
In case he is released on bail, he will not misuse the liberty of bail and will cooperate with the trial.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid facts.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Rakesh Singh @ Mantu involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii)The applicant shall not threaten or harass the prosecution witnesses;
iii)The applicant shall appear on the date fixed by the trial court;
iv)The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v)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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 12.7.2022 Neetu
Digitally signed by NEETU SINGH Date: 2022.07.16 13:42:41 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the bail application of the accused alleged with cheating and assault warrants grant of bail.
Colour shows how this judgement treated each authority
Data Ram vs State of U.P.Referred¶10
Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2 · Who else cites this
Rakesh Singh @ Mantu
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
