Allowed

Raees Dhore @ Pankaj v. State of U.P. and 3 Others

Allahabad HC31 Aug 2022BAIL/8214/2022

Case brief

AI extract

What is this about?

In a bail application by an accused in a rape case involving a minor, the High Court allowed the application. The Court noted the victim exonerated the accused in her statement and the FIR was delayed. Bail was granted subject to a personal bond, two sureties, and specific conditions to prevent tampering with evidence and ensure court appearances.

What did the court decide?

The applicant was released on bail upon furnishing a personal bond and two sureties, subject to conditions regarding non-tampering with evidence and attendance at court.

Raees Dhore @ Pankaj Vs State of U.P. and 3 Others — Bail and Remand | Allahabad HC (2022)

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8214 of 2022

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Applicant :- Raees Dhore @ Pankaj Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Yashwant Singh Counsel for Opposite Party :- G.A.,Bal Krishna Pandey

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant, Sri Bal Krishna Pandey, learned counsel for the informant and learned A.G.A. for the State.

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There is allegation of commission of offence of rape against the minor girl in the first information report against the applicant.

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Learned counsel for the applicant has pointed out the statement of the victim recorded before the trial court as PW-1 wherein she has exonerated the applicant and has stated that alleged offence was committed by some unknown person. The first information report is delayed by six months. Applicant is in jail since 13.07.2021.

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Learned AGA has opposed the prayer for bail but could not dispute the above submissions.

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Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the Article 21 of the Constitution of India and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Raees Dhore @ Pankaj, involved in Case Crime No.280 of 2021, under Sections 376(1), 506 I.P.C and Section 5/6 of the POSCO Act, Police Station Tirwa, District- Kannauj be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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(i) The applicant shall not tamper with the evidence or threaten the witnesses.

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(ii) 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 Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.

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(iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and

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the applicants fail to appear before the Court on the date fixed in such proclamation then the Trial Court shall initiate proceedings against him in accordance with law under Section 174-A of the Indian Penal Code.

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(v) The applicant shall remain present in person before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 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 abuse of liberty of bail and proceed against him in accordance with law.

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In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 31.8.2022 SS

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Digitally signed by SURENDAR SINGH NARANG Date: 2022.08.31 17:38:16 IST Reason: Location: High Court of Judicature at Allahabad

Raees Dhore @ Pankaj v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Raees Dhore @ Pankaj v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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