Allowed

Rakesh Kumar v. State of U.P.

Allahabad HC13 Jul 2022BAIL/23774/2022

Case brief

AI extract

What is this about?

This judgment grants bail to the applicant, Rakesh Kumar, in a criminal case for cheating, forgery, and using forged documents. The court noted that co-accused were already granted bail and released the applicant on a personal bond with two sureties upon standard conditions.

What did the court decide?

Release on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below.

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

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Court No. - 79 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23774 of 2022 Applicant :- Rakesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- P.K. Singh Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri P.K. Singh, the learned counsel for the applicant and Sri Arun Kumar Pandey, the learned Additional Government Advocate for the State.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 56 of 2022, under Sections 420, 467, 468 I.P.C., Police Station Gyanpur, District Bhadohi, during the pendency of the trial in the Court below.

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The aforesaid case has been registered on the basis of an FIR registered on 16.4.2022 stating that on 08.03.2022, the accused persons had fraudulently withdrawn Rs. 25,000/from the ATM Card of the informant and they had made purchases worth Rs. 12,000/-. A Case Crime No. 33 of 2022 was registered on 15.3.2022 under Sections 379, 420 IPC and Section 66(C) of the Information Technology Act, 2000, Police Station Gyanpur, District Bhadohi regarding the aforesaid incident.

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It has categorically been stated in the afÏdavit filed in support of the bail application that the applicant is an innocent person and he has been falsely implicated and that the applicant has no criminal history.

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The learned Counsel for the applicant has submitted that in Case Crime No. 33 of 2022, out of which Case Crime No. 56 of 2022 arises, the applicant has already been granted bail by means of an order dated 17.6.2022 passed by this Court in Criminal Misc. Bail Application No. 24157 of 2022. The other co-accused person Nivas Kumar has been granted bail by means of an order dated 06.06.2022 passed by this Court in Criminal Misc. Bail Application No. 22891 of 2022 and another co-accused person, namely, Chandan Kumar

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has also been granted bail by means of an order dated 09.06.2022 passed by this Court in Criminal Misc. Bail Application No. 23287 of 2022.

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Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail. However, he could not dispute that the co-accused persons have already been granted bail and that the allegations against the applicant and the co-accused persons are similar in nature.

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Keeping in view the aforesaid facts and circumstances of the case, I am of the view that the applicant is entitled for grant of bail 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 Kumar be released on bail in the Case Crime No. 56 of 2022, under Sections 420, 467, 468 I.P.C., Police Station Gyanpur, District Bhadohi 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 ofÏcer 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 for cancellation of bail before this Court.

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Order Date :- 13.7.2022 Puspendra

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Digitally signed by PUSPENDRA NARAYAN SINGH Date: 2022.07.15 10:30:40 IST Reason: Location: High Court of Judicature at Allahabad

Rakesh Kumar v. State of U.P.

Case brief

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Rakesh Kumar v. State of U.P.

Case brief

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