Allowed

Rakesh v. State of U.P.

Allahabad HC16 Jul 2022BAIL/22496/2022

Case brief

AI extract

What is this about?

This judgment grants bail to the applicant in a criminal case involving alleged abduction and trafficking under IPC Sections 363, 370, 504, and 506. The bench found current facts warranted release, noting similar cases resulted in bail.

What did the court decide?

Allowance of bail application with release on personal bond and two sureties subject to conditions regarding evidence tampering and witness influence.

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

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22496 of 2022

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

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Ramesh Kumar Singh, the learned counsel for the applicant, Sri Kamlesh Kumar Nishad, the learned Additional Government Advocate and perused the record.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 948 of 2020, under Sections 363, 370,(4), 504, 506 IPC, Police Station Pipraich, District Gorakhpur during pendency of the trial in the Court below.

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The aforesaid case has been registered on the basis of an application under Section 156(3) Cr.P.C. filed by the informant on 06.10.2019 alleging that on 05.05.2019, his cousin co - brother Sanjay had visited his home and had stayed there in the night and in the morning, he took away the informant's minor daughter on the pretext of some function at his home. It has been alleged in the application that after reaching his home, the accused Sanjay along with his wife Sangeeta and brother Rakesh, took the informant's daughter to Nepal and sold her away to the accused - Kesh Kumar. Later on the co-accused Sanjay went to Nepal along with the informant and brought the informant's daughter back.

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In the affidavit filed in support of the bail application, it has been stated that the entire prosecution story is false; that the applicant has not committed the alleged offence and he has been falsely implicated merely because he is the elder brother of the co-accused Sanjay, who is the co - brother of the informant and who is said to have taken away of the informant's daughter.

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The learned counsel for the applicant has further stated that one of the co-accused persons, namely Sangeeta wife of Sanjay, who is said to be the Mausi of the informant's daughter, has already been granted bail by this Court by means of an order dated 26.05.2022 passed in Criminal Misc. Bail Application No. 18679 of 2022.

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It has further been stated in the affidavit filed in support of the bail application that the applicant is languishing in jail since 08.01.2022 and there is no apprehension of his fleeing away or tampering with the prosecution evidence in case the applicant is released on bail.

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Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute the fact that the case set up against the applicant is similar to that set up against the other co-accused persons, who have already been released on bail.

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Keeping in view the aforesaid facts and circumstances of the case, I find it to be a fit case for grant of bail to the applicant in the aforesaid case.

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

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Let the applicant Rakesh be released on bail in Case Crime No. 948 of 2020, under Sections 363, 370,(4), 504, 506 IPC, Police Station Pipraich, District Gorakhpur 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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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 :- 16.7.2022 Ashish Pd.

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Digitally signed by ASHISH PRASAD Date: 2022.07.20 13:49:26 IST Reason: Location: High Court of Judicature at Allahabad

Rakesh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rakesh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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