Allowed

Rakesh Kumar Patel v. State of U.P.

Allahabad HC21 Nov 2022BAIL/20496/2022

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by Rakesh Kumar Patel in a criminal case registered for offences under Section 386 IPC and Section 66D of the Information Technology Act. The court observed no threat was alleged against the informant and granted bail subject to conditions.

What did the court decide?

Release on bail on a personal bond and two sureties on conditions including not tampering with evidence or influencing witnesses.

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

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20496 of 2022

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Applicant :- Rakesh Kumar Patel Opposite Party :- State of U.P. Counsel for Applicant :- Noor Muhammad,Yogesh Kumar Srivastava

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Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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1.Heard Sri Manish Tiwari, Senior Advocate assisted by Sri Yogesh Kumar Srivastava, the learned counsel for the applicant, Sri Shashi Shekhar Tiwari, the learned Additional Government Advocate and perused the record.

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2.The instant application has been filed seeking release of the applicant on bail in Case Crime No. 38 of 2022, under Section 386 IPC, 66D of Information Technology Act, Police Station Raja Talab, District Varanasi.

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3.The aforesaid case has been registered on the basis of a first information report lodged on 24.02.2022 alleging that the informant is Manager of an Intermediate College and since 17.03.2022, some unknown person is spreading her photographs with some obscene words in groups consisting of the college's Principal and other teachers. The aforesaid act has been brought to the notice of the college and to the informant. The FIR further alleges that the aforesaid act has caused financial loss to the informant and that the unknown person is demanding extortion money from the informant.

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4.It has been averred in the affidavit filed in support of the bail application that the applicant is an innocent person, he has been falsely implicated in the case, he is having no previous criminal history and he is in jail since 08.04.2022. It has also been stated in the affidavit that there is no possibility of the applicant tampering with any evidence and in such circumstances, the applicant is entitled for bail. It is also stated in the affidavit that the applicant will not misuse the liberty of bail and he will fully cooperate in the investigation.

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5.It has been stated in the counter affidavit filed in support of the bail application that the mobile number from which the message was sent, is being used by the applicant although, it has been issued in the name of one Ramanand Yadav.

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6.Sri Manish Tiwari, Senior Advocate has submitted that the allegations levelled in the FIR do not make out commission of offence under Section 386 of the IPC as there is no allegation of any threat of causing death or grievous hurt to the informant. His submission is that the allegations levelled in the FIR are vague.

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7.Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail, but he could not dispute the aforesaid aspects of the matter.

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8.Having considered the aforesaid facts and circumstances of the case, prima facie it appears at this stage that there is no allegation of any threat having been extended by the applicant to the informant. Keeping in view the aforesaid fact, coupled with the fact that the applicant has no criminal history, I am of the view that the applicant is entitled to be released on bail in the aforesaid case.

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9.In light of the preceding discussion and without making any observation on the merit of the case, the instant bail application is allowed .

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10.Let the applicant Rakesh Kumar Patel be released on bail in Case Crime No. 38 of 2022, under Section 386 IPC, 66D of Information Technology Act, Police Station Raja Talab, District Varanasi on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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

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(iv) The applicant shall not directly or indirectly make 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 to any police officer or tamper with the evidence.

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

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Order Date :- 21.11.2022/Ashish Pd.

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Digitally signed by ASHISH PRASAD Date: 2022.11.22 17:28:38 IST Reason: Location: High Court of Judicature at Allahabad

Rakesh Kumar Patel v. State of U.P.

Case brief

What is this about?

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Rakesh Kumar Patel v. State of U.P.

Case brief

What is this about?

What did the court decide?

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