Allowed

Raja @ Raj Kumar and Another v. State of U.P.

Allahabad HC8 Aug 2022BAIL/31488/2022

Case brief

AI extract

What is this about?

Cell No. 76 of the Allahabad High Court allowed Criminal Misc. Bail Application No. 31488 of 2022 for two applicants falsely implicated in a case involving injury and assault. The Court granted bail on a personal bond and sureties, subject to strict conditions regarding attendance, witness interaction, and trial proceedings.

What did the court decide?

Applicants released on bail on furnishing a personal bond and two sureties each, subject to conditions regarding attendance, witness tampering, and trial proceedings.

Raja @ Raj Kumar and Another Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31488 of 2022

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Applicant :- Raja @ Raj Kumar And Another Opposite Party :- State of U.P. Counsel for Applicant :- Shibli Naseem Counsel for Opposite Party :- G.A., Dina Nath

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicants, Sri Dina Nath, learned counsel for the informant and learned A.G.A for the State.

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There is general allegation of against 8 persons regarding causing of injury to the injured. One of the injured as suffered fracture injury on his head. In the statement of the injured recorded under Section 164 Cr.P.C., he has not assigned any specific role to the applicants.

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Counsel for the applicants submits that the applicants have been falsely implicated in this case. They are in jail since 05.06.2022 and have no criminal history to their credits.

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On the other hand learned A.G.A has 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, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.

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Let the applicants, Raja @ Raj Kumar and Suraj Singh, involved in Case Crime No. 180 of 2022, under Sections- 147, 323, 452, 308 IPC, Police Station- Buxa, District- Jaunpur, be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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(i) The applicants shall not tamper with the evidence or threaten the witnesses.

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(ii) The applicants shall file an undertaking to the effect that

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they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iii) The applicants shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of their absence, without sufficient cause, the Trial Court may proceed against them under Section 229-A of the Indian Penal Code.

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(iv) In case the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation then the Trial Court shall initiate proceedings against them in accordance with law under Section 174-A of the Indian Penal Code.

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(v) The applicants shall remain present in person before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicants are deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against them in accordance with law.

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In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 8.8.2022 Rohit

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Digitally signed by ROHIT DAS Date: 2022.08.08 17:35:17 IST Reason: Location: High Court of Judicature at Allahabad

Raja @ Raj Kumar and Another v. State of U.P.

Case brief

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Raja @ Raj Kumar and Another v. State of U.P.

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