Rahish v. State of Up.
Case brief
What is this about?
The High Court granted bail to the applicant, who was second bail application. The court relied on the larger mandate of Article 21 of the Constitution and the principles in Satendra Kumar Antil Vs. C.B.I. & Another.
What did the court decide?
Release of the applicant on bail subject to furnishing a personal bond and two sureties with specific conditions regarding court attendance and conduct.
What the court decided
Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7690 of 2022
Applicant :- Rahish Opposite Party :- State Of Up. Counsel for Applicant :- Bipin Kumar Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The second bail application has been filed on behalf of the applicant, Rahish, with a prayer to release him on bail in Case Crime No. 46 of 2021, under Sections 380, 457, 411 IPC, Police Station Sasni Gate, District- Aligarh, during pendency of trial.
This is second bail application of the applicant. The first bail application of the applicant was rejected by co-ordinate Bench of this Court on 06.8.2021, which is not available now.
Learned counsel for the applicant has submitted that after rejecting the first bail application of the applicant, co-accused, Irfan, has been enlarged on bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 21529 of 2021 on 23.10.2021. He has further submitted that on the basis of the instructions, as yet charges have not been framed against the applicant before the trial court. The trial in the aforesaid case is not likely to be concluded in near future. The applicant is languishing in jail since 26.02.2021. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Issues for consideration
2 issues framed by the court
Whether to grant bail to the applicant admitted to the second bail application.
Whether to impose specific conditions on the grant of bail.
Parties & counsel
- applicant
Rahish
Coram
Siddharth
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- BAIL/7690/2022
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