Allowed

Arvind Raidas @ Govind v. State of U.P.

Allahabad HC3 Aug 2022BAIL/3726/2022

Case brief

AI extract

What is this about?

The High Court allowed the bail application of Arvind Raidas @ Govind, holding that he made out a case for bail on grounds of parity with a co-accused granted bail earlier and reliance on Apex Court dicta, without expressing an opinion on the merits.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties, each sufficient to ensure compliance with the undertaking conditions.

Arvind Raidas @ Govind 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. - 3726 of 2022

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Applicant :- Arvind Raidas @ Govind Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kukmar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant and learned A.G.A for the State.

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The submission is that co-accused, Mithun, has already been enlarged on bail vide Criminal Misc. Bail Application No. 22198 of 2020 on 26.8.2020 and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 15.3.2020.

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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 recent judgement dated 11.7.2022 of the Apex Court in the case of Satendra Kumar Antil Vs. C.B.I., passed in S.L.P. (CRL.) No. 5191 of 2021 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, Arvind Raidas @ Govind, involved in Case Crime No. 72 of 2020, under Section 457,380,411 IPC, Police Station- Khutar District- Shahjahanpur, be released on bail on his 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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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 they are accused, or suspected of the commission of which they are 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 them from disclosing such facts to the Court or to any police ofÏcer or tamper with the evidence.

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In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.

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Order Date :- 3.8.2022

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Atul kr. sri.

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Digitally signed by ATUL KUMAR SRIVASTAVA Date: 2022.08.03 18:04:26 IST Reason: Location: High Court of Judicature at Allahabad

Arvind Raidas @ Govind v. State of U.P.

Case brief

What is this about?

What did the court decide?

Arvind Raidas @ Govind v. State of U.P.

Case brief

What is this about?

What did the court decide?

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