Allowed

Rajanikant v. State of U.P.

Allahabad HC14 Oct 2022BAIL/30149/2022

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application where the High Court allowed the bail of an applicant falsely implicated in an assault case. The court noted co-accused had already been granted bail and found the applicant entitled to release upon furnishing a personal bond and sureties.

What did the court decide?

Release on bail with a personal bond and two reliable sureties each of like amount subject to conditions not to tamper with evidence or witnesses and to appear before the trial court.

Rajanikant 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. - 30149 of 2022

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Applicant :- Rajanikant Opposite Party :- State of U.P. Counsel for Applicant :- Shailendra Kumar Tripathi Counsel for Opposite Party :- G.A.,Raj Bahadur Verma

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Shailendra Kumar Tripathi, the learned counsel for the applicant, Sri Dinesh Kumar Srivastava, the learned A.G.A. for the State and perused the record.

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The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 178 of 2022, under Sections 452, 307, 506, 325 IPC, Police Station Kotwali Kannauj, District Kannauj.

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The aforesaid case has been registered against three named accused persons alleging that the applicant was carrying iron rod and other two accused persons having sticks and had beaten the informant's brother causing serious injuries to him.

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The injury report of informant mentions a lacerated wound on the temporal region of head and a contusion on right side of forehead.

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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 05.06.2022. 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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Learned counsel for the applicant has submitted that the FIR contains only general allegations against all the accused persons and no specific allegation has been assigned to the applicant and the other co-accused persons Suryakant and Ramvilas have already been granted bail by means of orders dated 28.9.2022 and 6.9.2022 passed by this Court in Criminal Misc. Bail Applications No. 40722 of 2022 and 30073 of 2022 respectively.

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Per contra , the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute 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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Having considered the aforesaid facts and submissions and keeping in view the fact that the co-accused persons Suryakant and Ramvilash, who have already been granted bail and that the case set up against the applicant is similar to that the case set up against the co-accused persons, I am of the view that the applicant is also entitled to be released on bail pending conclusion of the trial. The bail application is accordingly allowed.

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Let the applicant - Rajanikant be released on bail in Case Crime No. 178 of 2022, under Sections 452, 307, 506, 325 IPC, Police Station Kotwali Kannauj, District Kannauj on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to 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 bail before this Court seeking cancellation of bail.

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Order Date :- 14.10.2022 Mini

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Digitally signed by MINI KANAUJIYA Date: 2022.10.17 15:46:58 IST Reason: Location: High Court of Judicature at Allahabad

Rajanikant v. State of U.P.

Case brief

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Rajanikant v. State of U.P.

Case brief

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