Allowed

Rajesh Kumar Singh v. State of U.P.

Allahabad HC16 Jul 2022BAIL/18427/2022

Case brief

AI extract

What is this about?

The Allahabad High Court granted bail to Rajesh Kumar Singh in Criminal Misc. Bail Application No. 18427 of 2022. The applicant, formerly an Additional Director falsely implicated in offences under Sections 420, 406, 120-B IPC, was in custody since 2019.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties subject to strict conditions of presentment and non-tampering with evidence.

Rajesh Kumar Singh Vs State of U.P. — Money Laundering | Allahabad HC (2022)

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18427 of 2022

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Applicant :- Rajesh Kumar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant and learned A.G.A for the State.

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Supplementary affidavit filed today is taken on record.

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There is allegation in the FIR that the applicant was Additional Director of the company in dispute and is involved in the alleged offence.

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Counsel for the applicant submits that the applicant had resigned from company in the year 2012 and the same was duly accepted. The alleged offence took place subsequently wherein he has been falsely implicated. One of the Additional Director, Vikrant Tripathi, has been granted bail in Criminal Misc. Bail Application No. 19918 of 2022. The applicant is in jail since 22.02.2019 and has criminal history of six cases excluding the present case which has been explained in affidavit in support of the bail application.

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On the other hand learned A.G.A has opposed the prayer for bail.

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Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, 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 another reported in (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 the applicant, Rajesh Kumar Singh, involved in Case Crime No. 412 of 2019, under Sections- 420, 406, 120-B, 504, 506 IPC, Police Station- Lalitpur, District- Lalitpur, 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 subject to following conditions. Further, before issuing the

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release order, the sureties be verified.

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(i) The applicant shall not tamper with the evidence or threaten the witnesses.

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(ii) 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. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. 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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(iv) 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 then 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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(v) 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. If in the opinion of the Trial Court 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 against him 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 :- 16.7.2022 Rohit

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Digitally signed by ROHIT DAS Date: 2022.07.16 16:47:23 IST Reason: Location: High Court of Judicature at Allahabad

Rajesh Kumar Singh v. State of U.P.

Case brief

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Rajesh Kumar Singh v. State of U.P.

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