Allowed

Rajeev v. State of U.P.

Allahabad HC22 Mar 2022BAIL/2075/2022

Case brief

AI extract

What is this about?

Court allowed Criminal Misc. Bail Application for an applicant falsely implicated, noting co-accused with a distinguishable role had bail. Granted release subject to standard bail conditions including ensuring witnesses' safety and preventing tampering with evidence.

What did the court decide?

Applicant released on bail with a personal bond and two sureties, subject to conditions of not tampering with evidence or intimidating witnesses.

Rajeev Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2075 of 2022

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Applicant :- Rajeev Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Bhushan Prasad Counsel for Opposite Party :- G.A.,Amit Rana

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Hon'ble Subhash Chandra Sharma,J.

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

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It is submitted by learned counsel for the applicant that he is innocent and has been falsely implicated in the present case on account of enmity. General role has been assigned to the applicant for beating to the injured with lathi-danda . Further submitted that co-accused Amit who was assigned the role of assault with sharp edged weapon has already been granted bail by coordinate Bench of this Court on 19.10.2020 through Criminal Misc. Bail Application No. 31549 of 2020, since the role of the applicant is not distinguishable with the role of coaccused, the applicant is also entitled for bail. There is no criminal history against the applicant. He is languishing in jail since 30.11.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Learned counsel for complainant as well as learned AGA 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 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 Rajeev involved in Case Crime No. 280 of 2019, under Sections 452, 323, 324, 325, 307, 506 I.P.C., P.S. Shahapur, District Muzaffar Nagar be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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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 :- 22.3.2022 A. Singh

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Digitally signed by ANURAG SINGH Date: 2022.03.23 16:45:38 IST Reason: Location: High Court of Judicature at Allahabad

Rajeev v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rajeev v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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