Allowed

Rajbahadur @ Raju v. State of U.P.

Allahabad HC12 Sept 2022BAIL/33590/2022

Case brief

AI extract

What is this about?

This bail application was allowed against the State of U.P. The High Court held that the applicant had made a case for bail under the Arms Act, keeping in view the nature of the offence and evidence, and without commenting on merits. Bail was granted with conditions including furnishing a bond and two sureties.

What did the court decide?

Applicant released on bail on personal bond and two sureties in like amount upon verification of sureties.

Rajbahadur @ Raju Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33590 of 2022

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Applicant :- Rajbahadur @ Raju Opposite Party :- State of U.P. Counsel for Applicant :- Raghuvansh Misra Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,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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The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.75 of 2022, under Sections 3/5/25(8) of the Arms Act, P.S. Bhogaon, District Mainpuri, during pendency of trial.

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Learned counsel for the applicant submits that the applicant was granted bail in Case Crime No.75 of 2022 under Section 307/34 I.P.C. by the trial court vide order dated 22.04.2022. It has further been submitted that after investigation, police submitted a charge sheet under Section 307/34 I.P.C. and added Sections 3/5/25(8) of the Arms Act against the applicant. Thereafter, applicant moved bail application in added section which was rejected by the court below, vide order dated 18.06.2022. Learned counsel for the applicant submitted that earlier F.I.R. was registered for the same set of facts as Case Crime No.76/2022, under Section 3/25 Arms Act against the applicant, in which, he was granted bail by the court concerned vide order dated 27.04.2022. The applicant is languishing in jail since 22.02.2022 and in case he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.

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Learned A.G.A. has opposed the bail prayer of the applicant.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , passed in S.L.P.(Crl.) No. 5191 of 2021, 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, Rajbahadur @ Raju , who is involved in the aforesaid case crime be released on bail on his furnishing a

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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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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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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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Order Date :- 12.9.2022 Meenu

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Digitally signed by MEENU SINGH Date: 2022.09.14 17:55:54 IST Reason: Location: High Court of Judicature at Allahabad

Rajbahadur @ Raju v. State of U.P.

Case brief

What is this about?

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Rajbahadur @ Raju v. State of U.P.

Case brief

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