Allowed

Rahul Gond and Another v. State of Up

Allahabad HC8 Mar 2022BAIL/28621/2021

Case brief

AI extract

What is this about?

Single judge allowed bail to Rahul Gond in a theft and criminal breach of trust case involving recovery of money and a gun, directing furnishing of a personal bond and two sureties with conditions against tampering.

What did the court decide?

Released on bail on personal bond and two sureties subject to standard conditions including appearance before the trial court and no commission of further offences.

Rahul Gond and Another Vs State of Up — Bail and Remand | Allahabad HC (2022)

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Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28621 of 2021 Applicant :- Rahul Gond And Another Opposite Party :- State of U.P. Counsel for Applicant :- Deep Chand Singh

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for the applicant, 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 this case. FIR was lodged against unknown persons alleging that Rs. 35,000/- and some jewellery was stolen from the house of the informant when he was out of his home and went to deposit his electricity bill. The applicant has been falsely implicated by the police in this case on the basis of confessional statement of the applicant showing false recovery of Rs. 35,000/- and a country made 'Tammacha' 12 bore with two live cartridges and a ring. Further submitted that the applicant was arrested by the police with his brother Amar who has also been roped in this case by showing false recovery. There are five cases against the applicant which has been explained in the supplementary affidavit. He is languishing in jail since 8.8.2020 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 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 Rahul Gond involved in Case Crime No. 380 of 2020, under Sections 380, 411 IPC, P.S. Kotwali Deoria, District Deoria 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. 2. The applicant will not pressurize/ intimidate the prosecution witness. 3. 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 :- 8.3.2022/S.K.S.

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Digitally signed by SUNIL KUMAR SINGH Date: 2022.03.10 10:23:53 IST Reason: Location: High Court of Judicature at Allahabad

Rahul Gond and Another v. State of Up

Case brief

What is this about?

What did the court decide?

Rahul Gond and Another v. State of Up

Case brief

What is this about?

What did the court decide?

What the court decided

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