Allowed

Rajendra v. State of U.P.

Allahabad HC18 May 2022BAIL/7451/2022

Case brief

AI extract

What is this about?

This judgment grants bail to Rajendra in a case involving Sections 498-A, 304-B, 201 of I.P.C. and Dowry Prohibition Act. The court released him on a personal bond and two sureties, imposing strict conditions regarding adjournments, attendance, and potential misuse of liberty.

What did the court decide?

Released on bail on personal bond and two sureties subject to strict conditions regarding attendance, adjournments, and consequences of default under Cr.P.C. sections 229-A, 174-A, and 82.

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

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Court No. - 49

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7451 of 2022

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Applicant :- Rajendra Opposite Party :- State of U.P. Counsel for Applicant :- Arjun Singh Solanki Counsel for Opposite Party :- G.A.

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Hon'ble Siddhartha Varma,J.

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Supplementary Affidavit filed today be kept on record.

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

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This is an application for bail moved on behalf of the applicant, Rajendra, who is involved in Case Crime No. 264 of 2021, under Sections 498-A, 304-B, 201 of I.P.C., & 3/4 Dowry Prohibition Act, Police Station- Hathras Junction, District-Hathras.

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Learned counsel for the applicant has contended that the applicant is innocent and has been falsely implicated. It is further contended that the incident is alleged to have taken place on 07.09.2021, whereas the FIR was lodged on 09.09.2021. It is further contended that the applicant is the elder brother of the husband of the deceased. It is further contended that the applicant was living separately from the family of the deceased. It is further contended that co-accused namely Smt. Niresh @ Rautani, Shashi and Jagdish have already been granted bail by this Hon'ble Court, vide orders dated 2.2.2022, 3.2.2022 and 25.03.2022 passed in Crl. Misc. Bail Applications No.1135 of 2022, 1564 of 2022, 7357 if 2022. It is further submitted that the applicant has no other criminal history and is in jail since 09.11.2021 and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses. It is further contended that the charge sheet has been submitted by the Police.

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On the other hand, learned A.G.A. opposed the prayer for bail but could not deny the fact that the applicant has no criminal history. He also did not deny that the charge sheet had been submitted.

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In view of the above, without expressing any opinion on the merits of the rival claims, the applicant has made out a case for bail.

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Let the applicant, Rajendra be released on bail in Case Crime No. 264 of 2021, under Sections 498-A, 304-B, 201 of I.P.C., & 3/4 Dowry Prohibition Act, Police Station- Hathras Junction, DistrictHathras on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate/Court concerned, subject to the following conditions:-

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(i) 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 the court.

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In case of default of this condition, it shall be open for the trial court to treat it as an abuse of liberty of bail and pass orders in accordance with law.

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(ii) 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 Panel Code.

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(iii) In case, the applicant misuses the liberty of bail during trial 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 on such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Panel Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case (ii) framing of charges and (iii) recording of statement under Section 323 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 an abuse of liberty of bail and proceed against him in accordance with law.

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Order Date :- 18.5.2022 /vkj

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Digitally signed by VIJAY KRISHNA JAISWAL Date: 2022.05.19 18:24:45 IST Reason: Location: High Court of Judicature at Allahabad

Rajendra v. State of U.P.

Case brief

What is this about?

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Rajendra v. State of U.P.

Case brief

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