Allowed

Rajbhata v. State of U.P.

Allahabad HC23 Aug 2022BAIL/36143/2022

Case brief

AI extract

What is this about?

Court allowed bail application filed under Criminal Misc. Bail Application No. 36143 of 2022 for applicant Rajbhata, who was accused in Case Crime No. 212 of 2022 involving Sections 379, 411 IPC and Indian Forest Act. Court directed release on personal bond and sureties.

What did the court decide?

Released on bail on personal bond and two local sureties subject to conditions against tampering with evidence or influencing witnesses.

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

¶1

Court No. - 49

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36143 of 2022

¶3

Applicant :- Rajbhata Opposite Party :- State of U.P. Counsel for Applicant :- Om Prakash Counsel for Opposite Party :- G.A.

¶4

Hon'ble Mayank Kumar Jain,J.

¶5

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

¶6

The present bail application has been filed on behalf of applicant in Case Crime No.212 of 2022, under Sections 379, 411, IPC and section 2/13/42 Indian Forest Act, Police Station Prem Nagar, District Jhansi with the prayer to enlarge the applicant on bail.

¶7

It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It is submitted that no recovery of 50 Kg. sandal woods has been made out from the possession of the applicant. The amount of cash so recovered belongs to the applicant. Thus, the applicant is entitled to be enlarged on bail. It is further submitted that applicant is languishing in jail since 09.06.2022 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

¶8

Learned A.G.A. has opposed the prayer for bail.

¶9

Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on 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.

¶10

Let the applicant Rajbhata in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:

¶11

(1). The applicant will not tamper with the prosecution evidence during the trial.

¶12

(2). The applicant will not influence any witness.

¶13

(3). The applicant will appear before the trial Court on the date fixed, unless personal presence is exempted.

¶14

(4). 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 to any police officer or tamper with the evidence.

¶15

In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.

¶16

Order Date :- 23.8.2022 VKG

¶17

Digitally signed by VIJAY KUMAR GUPTA Date: 2022.08.24 10:11:55 IST Reason: Location: High Court of Judicature at Allahabad

Rajbhata v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rajbhata v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Mohd Shakir @ Sakib @ Teepu Vs State of U.P.

Lalbahadur Vs State of U.P.

Virendra Vs State of U.P.

Shamsul Huq@ Chotkane Vs State of U.P.

Vipin Kumar Nishad Vs State of U.P.

Arbaz Ali Vs State of U.P.