Allowed

Ravish Kumar v. State of U.P.

Allahabad HC25 Apr 2022BAIL/1557/2022

Case brief

AI extract

What is this about?

The High Court granted bail to an applicant accused of murder, extortion, and forgery under IPC sections 395, 365, and 412. The court imposed strict conditions regarding non-tampering with evidence, sincere cooperation, and attendance at the trial court, including a specific condition for appearing during Section 313 Cr.P.C. recording.

What did the court decide?

Released on personal bond and two sureties with conditions including presence for Section 313 Cr.P.C. recording.

Ravish Kumar Vs State of U.P. — Cheating and Forgery | Allahabad HC (2022)

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Court No. - 77

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1557 of 2022

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Applicant :- Ravish Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Om Prakash Tripathi,J.

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

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This is an application under Section 439 of the Code of Criminal Procedure filed on behalf of the applicant Ravish Kumar for enlarging him on bail in connection with Case Crime No.94 of 2021, under Sections 395, 365, 412 IPC, registered at Police Station-Fariha, District- Firozabad, during the pendency of trial .

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Learned Counsel for the applicant has submitted that applicant is innocent and has been falsely implicated in the present case. There is no public witness at the time of alleged recovery. Alleged recovery of country made pistol and cartridge has been falsely implicated. Applicant has no criminal history. Applicant has not looted the truck loaded saria. It is submitted that the coaccused of this case Atendra has already been enlarged on bail by a Co-ordinate Bench of this Court passed in Criminal Misc. Bail Application No.6356 of 2022 vide order dated 05.04.2022, copy of the bail order is kept on record. It is further submitted that applicant was arrested in police firing case and then roped in this case. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses. He is in jail since 16.10.2021.

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Per contra, learned A.G.A. opposed the prayer for bail and submitted that applicant has done a serious offence.

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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 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 the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and

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another, (2018) 3 SCC 22 , without expressing any view on the merits of the case, I find it to be a case of bail.

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Let the applicant- Ravish Kumar involved in the aforementioned crime be released on bail, on his 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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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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

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

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The applicant shall remain present, in person, before the trial court at the time of recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition 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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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 25.4.2022 Priya

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Digitally signed by PRIYA KUSHWAHA Date: 2022.04.26 09:52:35 IST Reason: Location: High Court of Judicature at Allahabad

Ravish Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ravish Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

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