Rahul Gon v. State of U.P.
Case brief
What is this about?
Court granted bail to applicant in a theft case, relying on parity with co-accused released by coordinate bench and Supreme Court dictum on Art. 21. Applicant must furnish bond and sureties.
What did the court decide?
Applicant allowed bail on furnishing personal bond and two sureties of like amount subject to conditions including attendance before trial court.
What the court decided
Court No. - 93
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51412 of 2022
Applicant :- Rahul Gon Opposite Party :- State of U.P. Counsel for Applicant :- Chandan Singh,Akash Kumar Nishad
Counsel for Opposite Party :- G.A.
Hon'ble Surendra Singh-I,J.
Copy of the order dated 28.09.2022 relating to co-accused, Sunny Deol Rajbhar, passed by a coordinate Bench of this Court in Criminal Misc. Bail Application No. 39675 of 2022 in which the applicant has been granted bail, has been produced by the learned counsel for the applicant in the Court today which is taken on record.
Heard Sri Akash Kumar Nishad, learned counsel for the applicant, Sri Sunil Kumar Tripathi, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Rahul Gon, with a prayer to release him on bail in Case Crime No. 448 of 2021, registered under Sections 380, 411, 413, 454 I.P.C., Police Station- Kasya, DistrictKushinagar, during pendency of trial.
There is allegation in the first information report dated 29.06.2021 lodged by informant, V.K. Srivastava, against unknown person that on 28.06.2021, he had gone along with his wife to take medicines to Gorakhpur at 10 a.m. When he returned to his house at 6.30 p.m., he saw that the main door of his house was broken and when he entered inside, he saw that all the doors of his house were broken. The theft of jewellery of his wife and daughter-inlaw had taken place and cash amount of Rs.1,50,000/- had also been stolen by unknown thieves.
Issues for consideration
2 issues framed by the court
Whether the applicant is eligible for bail in a theft case given the parity with co-accused already released on bail and appellant's criminal antecedents.
Whether the conditions of bail should be imposed including the requirement to appear before the trial court on specific dates.
Parties & counsel
- applicant
Rahul Gon
Coram
Surendra Singh
Kishan Sinha
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/51412/2022
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