Allowed

Rajesh v. State of U.P.

Allahabad HC14 Nov 2022BAIL/50924/2022

Case brief

AI extract

What is this about?

This court granted bail to the applicant in a theft case involving six IPC charges at Police Station Kotwali Orai. The order mandated a personal bond with two sureties and imposed strict conditions regarding trial attendance, cooperation with proceedings, and prohibition of tampering with evidence or committing further offenses.

What did the court decide?

Released on bail on personal bond and two sureties with specific conditions to ensure presence in court and prevent tampering with evidence.

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

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Court No. - 93

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50924 of 2022

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Applicant :- Rajesh Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Jeet Singh,Ran Jeet Singh Counsel for Opposite Party :- G.A.

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Hon'ble Surendra Singh-I,J.

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Heard Sri Chandra Jeet Singh, learned counsel for the applicant, Sri Laxman Prasad, learned A.G.A. for the State and perused the material on record.

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The instant bail application has been filed on behalf of the applicant, Rajesh, with a prayer to release him on bail in Case Crime No. 646 of 2021, under Sections 379, 411, 413, 414, 420, 467, 468, 471 I.P.C., Police Station- Kotwali Orai, District- Jalaun, during pendency of trial.

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There is allegation in the first information report dated 29.09.2021 lodged by informant, Amit Narayan, against unknown person that on 25.09.2021 at 7 p.m., his motorcycle Hero Splendor Pro bearing registration no. U.P. 92 J 7890 was stolen from outside the Rajaram Kalawati Hospital. A criminal case was registered against unknown thieves. On 30.09.2021 at 5 o'clock, the police team arrested five accused persons and recovered 13 motorcycles from their possession. The applicant was also involved in the theft of informant's motorcycle and the registration number of the stolen vehicle was changed to defy detection.

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Learned counsel for the applicant has submitted that the applicant is innocent and he has been falsely implicated in the present case. It is next submitted that the applicant was neither named in the first information report nor arrested from the spot. Co-accused persons, namely, Ritik Yadav, Naresh Saini, Manish Kumar and Braj Kishor have already been enlarged on bail by coordinate Benches of this Court by orders dated 25.02.2022, 26.04.2022 and 22.02.2022 passed in Criminal Misc. Bail Application Nos. 51424 of 2021, 8491 of 2022 and 1710 of 2022 respectively. Copies of the aforesaid bail orders have been brought on record as Annexure No. 5 to the affidavit filed in support of the bail application. The applicant is languishing in jail since 30.09.2021. The applicant has explained his criminal history of 7 cases in paragraph no. 15 of the affidavit filed in support of the bail application in which he is on bail. In case the applicant is released on bail, he will not misuse the liberty.

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Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. However, he has not denied the submissions made on behalf of the applicant.

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Considering the material/evidence brought on record, the submissions made by the learned counsel for the parties, the

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nature of allegations, the gravity of offence, larger mandate of Article 21 of the Constitution of India, as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 , let the applicant involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-

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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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The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. 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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In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails 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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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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his 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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Order Date :- 14.11.2022 KS

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Digitally signed by KISHAN SINHA Date: 2022.11.14 17:39:00 IST Reason: Location: High Court of Judicature at Allahabad

Rajesh v. State of U.P.

Case brief

What is this about?

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Rajesh v. State of U.P.

Case brief

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