Raj Kumar v. State of U.P.
Case brief
What is this about?
The single judge granted bail to the accused in a cheating and criminal breach of trust case, considering the prolonged incarceration and lack of direct evidence connecting the accused to the crime.
What did the court decide?
Applicant released on bail through a personal bond and two sureties, subject to specified conditions including cooperation in trial and presence during evidence recording.
What the court decided
Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9793 of 2022
Applicant :- Raj Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ken Singh Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Lavania,J.
Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.
The present bail application has been filed by the applicant seeking bail in Case Crime No. 530 of 2021, under Sections420, 406 I.P.C., Police Station-Sikandra, District Agra.
Learned counsel for the applicant submitted that accusedapplicant is innocent and has been falsely implicated in the instant case. It is submitted that the applicant is in jail since 18.08.2021 and the possibility of conclusion of trial in near future is extremely bleak. In the instant case, the charge sheet has been filed before the Trial Court but trial is not proceeding. The applicant is not in a position to tamper the evidence available on record or to influence the witnesses of the prosecution.
In the instant case, the implication of the applicant is on account of village party bandi. He submitted that no doubt during investigation witnesses have stated against the applicant, however, there is no direct evidence available with the prosecution to connect the applicant with the crime in issue. The transaction indicated in the FIR is doubtful as at the time of alleged transaction, the applicant was not working under Executive Engineer, Sikandra, Agra. He submitted that the offence indicated in the FIR are triable by Magistrate. As such, taking note of the entire facts of the case including the period of incarceration, the applicant be released on bail. Prayer is to allow the bail application. It is also submitted that there is no apprehension that after being released on bail, he may flee from the course of law or may otherwise misuse the liberty of bail.
Issues for consideration
1 issue framed by the court
Whether the applicant is a fit case for bail considering the period of incarceration and bleak prospects of trial conclusion.
Parties & counsel
- applicant
Raj Kumar
Coram
Saurabh Lavania
Vinay
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- BAIL/9793/2022
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