Allowed

Rinku Bata @ Rakesh Giri v. State of U.P.

Allahabad HC21 Jul 2022BAIL/8920/2021

Case brief

AI extract

What is this about?

The High Court allowed the bail application of an applicant accused under various sections of the IPC. Relying on the case of Dataram Singh and recent Apex Court judgments, the court held that the applicant had made out a case for bail and directed his release on bail with conditions, including the requirement of sureties.

What did the court decide?

The applicant was released on bail on furnishing a personal bond and two sureties each in the like amount, subject to conditions to not tamper with evidence, intimidate witnesses, or commit similar of

Rinku Bata @ Rakesh Giri Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8920 of 2021

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Applicant :- Rinku Bata @ Rakesh Giri Opposite Party :- State of U.P. Counsel for Applicant :- Dharmendra Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant and learned A.G.A for the State.

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The submission is that co-accused, Shadab Saifi @ Saddam, has already been enlarged on bail vide Criminal Misc. Bail Application No. 7799 of 2021 on 9.7.2021 and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 15.7.2020.

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On the other hand learned A.G.A has opposed the prayer for bail.

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Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22, and recent judgement dated 11.7.2022 of the Apex Court in the case of Satendra Kumar Antil Vs. C.B.I., passed in S.L.P. (CRL.) No. 5191 of 2021 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, Rinku Bata @ Rakesh Giri, involved in Case Crime No. 305 of 2020, under Section 323,394,411,504,506 IPC, Police StationKhoda District- Ghaziabad, 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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The applicant will not tamper with the evidence during the trial.

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The applicant will not pressurize/ intimidate the prosecution witness.

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

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The applicant shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.

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The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police ofÏcer or tamper with the evidence.

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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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Order Date :- 21.7.2022 Atul kr. sri.

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Digitally signed by ATUL KUMAR SRIVASTAVA Date: 2022.07.21 18:17:13 IST Reason: Location: High Court of Judicature at Allahabad

Rinku Bata @ Rakesh Giri v. State of U.P.

Case brief

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Rinku Bata @ Rakesh Giri v. State of U.P.

Case brief

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