Allowed

Raj Kumar Jain v. State of U.P.

Allahabad HC6 Jun 2022BAIL/5322/2022

Case brief

AI extract

What is this about?

In a bail application under IPC sections 406, 420, 467, 468, 471, the applicant sought release from jail. The court found merit in the submissions that the applicant was not a principal offender and lacked a criminal history, granting interim bail subject to bonds and conditions.

What did the court decide?

Releasing the applicant on interim bail on furnishing a personal bond and two sureties each in the like amount, subject to specified conditions.

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

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Court No. - 43

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5322 of 2022

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Applicant :- Raj Kumar Jain Opposite Party :- State of U.P. Counsel for Applicant :- Ram Prasad Kanaujiya,Sanjeev Kumar Sharma

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Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 394 of 2021 at Police Station Panki, District Kanpur Nagar under Sections 406, 420, 467, 468, 471, IPC. The applicant is in jail since 11.11.2021.

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The bail application of the applicant was rejected by learned Sessions Judge, Kanpur Nagar on 07.01.2022.

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Shri Ram Prasad Kanaujiya and Sri Sanjeev Kumar Sharma, learned counsels for the applicant contends that the applicant has been falsely implicated in the instant case. Learned counsel for the applicant further submits that the applicant was not named in the FIR. The FIR was registered against the principal offenders namely the bank employees and other eight principal offenders. The counter affidavit filed on behalf of the State asserts that the thumb impression on the withdrawal forms recovered from the applicant did not tally with those of the victim as the impressions were blurred. The money was not credited to the bank account of the applicant. No cash which can be linked with the offending transaction has been recovered from

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the applicant. The case of the applicant is distinguishable from the other principal offenders and also those persons in whose bank account the amount was credited. The applicant is not a beneficiary of any illicit transaction. Prosecution evidence does not connect the applicant with the offence. Learned counsel for the applicant contends that the applicant does not have any criminal history apart from the said case.

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Shri Sunil Kumar Srivastava, learned A.G.A for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not contest the criminal history of the applicant as disclosed in the bail application.

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I find merit in the submissions of learned counsel for the applicant and accordingly held that the applicant is entitled for interim bail.

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In the light of the preceding discussion and without making any observations on the merits of the case, the applicant is liable to be released on interim bail.

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Let the applicant- Raj Kumar Jain be released on interim bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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

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(ii) The applicant will not influence any witness.

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

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(iv) The applicant shall not directly or indirectly make 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.

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

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Order Date :- 6.6.2022 Pravin

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Digitally signed by PRAVIN VERMA Date: 2022.06.07 10:47:42 IST Reason: Location: High Court of Judicature at Allahabad

Raj Kumar Jain v. State of U.P.

Case brief

What is this about?

What did the court decide?

Raj Kumar Jain v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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