Allowed

Jeut Rai v. State of Up.

Allahabad HC25 Jul 2022BAIL/3801/2022

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 3801 of 2022, the Allahabad High Court granted bail to the applicant, Jeut Rai, involved in a case under Sections 323, 504, 506, 308, and 336 IPC. The order imposed strict conditions regarding tampering with evidence, court attendance, and disobedience, referencing Article 21.

What did the court decide?

Release of the applicant on bail on furnishing a personal bond and two sureties with strict conditions regarding court attendance and evidence tampering.

Jeut Rai Vs State of Up. — Bail and Remand | Allahabad HC (2022)

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3801 of 2022

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Applicant :- Jeut Rai Opposite Party :- State Of Up. Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.

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The instant bail application has been filed on behalf of the applicant, Jeut Rai, with a prayer to release him on bail in Case Crime No. 152 of 2021, under Sections 323, 504, 506, 308, 336 IPC, Police Station Sakaldiha, District- Chandauli, during pendency of trial.

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There is allegation in the FIR that applicant alongwith co-accused went to the liquor shop and demanded liquor on credit, but the informant refused the request of the applicant and co-accused and thereafter they have caused injury to the owner of the liquor shop, who has suffered injury on his head.

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Learned counsel for the applicant has submitted that it is not clear, who is author of aforesaid injury suffered by the injured out of two accused persons. Section 308 I.P.C. postulates doing an act with such intention or knowledge and under such circumstances that if the accused by that act caused death, he would be guilty of culpable homicide not amounting to murder. Such an attempt need not result in any hurt. It is attempt to commit culpable homicide which is punishable under this section. Punishments for simple hurt are covered under Sections 323 I.P.C. The applicant has been falsely implicated in this case due to ulterior motives. The applicant has no criminal history to his credit and he is languishing in jail since 16.11.2021. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.

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Having considered the submissions of the parties noted above, larger mandate of the Article 21 of the Constitution of India, Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P. (Crl.) No. 5191 of 2021 , and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime 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 with the following conditions that :-

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(i) The applicant shall not tamper with the evidence or threaten the

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witnesses.

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(ii) The applicant shall file an undertaking to the effect that he 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 applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.

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(iv) In case the applicant misuse the liberty of bail during trial and in order to secure his 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 him in accordance with law under Section 174-A of the Indian Penal Code.

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(v) The applicant 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 applicant is 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 him 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 :- 25.7.2022 Ruchi Agrahari

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Digitally signed by RUCHI AGRAHARI Date: 2022.07.25 17:01:22 IST Reason: Location: High Court of Judicature at Allahabad

Jeut Rai v. State of Up.

Case brief

What is this about?

What did the court decide?

Jeut Rai v. State of Up.

Case brief

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