The High Court allowed a bail application for Rajkamal Seth, who alleged false implication in a theft case under Sections 411, 412, 413 of the IPC. The court ordered his release on a personal bond and two local sureties.
Released on bail by furnishing a personal bond and two local sureties each of the like amount.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5748 of 2022
Applicant :- Rajkamal Seth Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
It is submitted that the applicant was not named in the first information report. The applicant is a proprietor of a jewellery shop. The applicant has been falsely implicated allegedly on the confessional statement of co-accused Dharmu, Mohan Banvasi, Sonu Banvasi, Dharmendra and Shivprasad. False recovery of Rs.37,000/- has been shown from the applicant. The said amount belongs to the applicant. Prior to the instant case the applicant does not have criminal history. However, after his arrest in the instant case he has been implicated in other cases. The applicant is in jail since 31.12.2021. In case the applicant is enlarged on bail he shall not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.
Perused the first information report as well as the averments made in the bail application.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant Rajkaml Seth involved in case crime no.210 of 2021, under Sections 411, 412, 413 I.P.C., P.S. Bardah, District Azamgarh be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned on the following conditions that:
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 24.3.2022 S.S.
Digitally signed by SIDDHARTH SRIVASTAVA Date: 2022.03.24 18:05:03 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant should be released on bail in the present circumstances.
What conditions should apply to the grant of bail.
Rajkamal Seth
Vivek Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
