Allowed

Rajnesh v. State of U.P.

Allahabad HC13 Sept 2022BAIL/31166/2022

Case brief

AI extract

What is this about?

In a bail application under Sections 147, 148, 149, 302 IPC, the High Court of Judicature at Allahabad allowed the prayer for bail in a murder case, citing no specific role assigned to the applicant and excessive delay in FIR registration despite granting bail to a co-accused.

What did the court decide?

Criminal Misc. Bail Application No. 31166 of 2022 allowed; applicant released on bail with personal bond, two sureties, and standard conditions including no tampering with evidence or witnesses.

Rajnesh Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2022)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31166 of 2022

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Applicant :- Rajnesh Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Singh Bais Counsel for Opposite Party :- G.A.,Girish Kumar Yadav

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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 for causing injuries to the deceased with 9 other co-accused persons as a result he died. It is also submitted that all injuries are said to have been caused with lathi, danda and iron rod. No any specific role has been assigned to this applicant. It is also submitted that the FIR was lodged after a delay of 25 hours after postmortem of the dead body of the deceased, having no explanation of the delay. It is also submitted that the statement of the informant recorded by the Investigating Officer after two months in which applicant has also been named with other coaccused persons and general role of assault has been given to him without assigning any specific role. There is no criminal history against him. he is languishing in jail since 23.06.2022 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 as well as learned counsel for the complainant have opposed the prayer for bail and urged that in this case the deceased was caused injuries by this applicant and other coaccused persons as a result he died, therefore, applicant is not entitled for bail. Hence, his case is different for co-accused Dinesh, who has already been granted 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 the fact that the general role of assault has been given to this applicant 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 Rajnesh involved in Case Crime No. 71 of 2022, under Sections 147, 148, 149, 302 I.P.C., P.S. Gunnaur,

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District Sambhal 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 :- 13.9.2022 Mini

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Digitally signed by MINI KANAUJIYA Date: 2022.09.14 15:58:50 IST Reason: Location: High Court of Judicature at Allahabad

Rajnesh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rajnesh v. State of U.P.

Case brief

What is this about?

What did the court decide?

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