Gourav Kumar Roy Vs State of U.P. Thru. Secy. Home Lko. — Allahabad HC (2023) — LawSathi Research

Gourav Kumar Roy Vs State of U.P. Thru. Secy. Home Lko. — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

Release of applicant Gourav Kumar Roy on bail in Case Crime No.323 of 2022 (number as printed in the operative direction; described elsewhere as Case Crime No. 332 of 2022) under Sections 419, 420, 467, 468, 471, 504, 506 I.P.C., Police Station Jamo, District Amethi, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the magistrate/court concerned, subject to conditions: (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court.

Issue for consideration

Whether the applicant, Gourav Kumar Roy, should be enlarged on bail in Case Crime No. 332 of 2022 under Sections 419, 420, 467, 468, 471, 504, 506 I.P.C., Police Station Jamo, District Amethi.

Court's answer

Having considered that the person named in the FIR is Rahul @ Karan Singh whereas the applicant is Gourav Kumar Roy; that there is no allegation that the applicant received any money in connection with the offence; that the other named co-accused persons have been granted bail; that the applicant has no previous criminal history and is languishing in jail since 31.12.2022, and without making any observation affecting the merits, the court found the facts sufficient to make out a case for enlargement of the applicant on bail.

Ratio / Principle

The bail application was allowed and the applicant Gourav Kumar Roy was directed to be released on bail on furnishing a personal bond and two sureties each in the like amount, subject to conditions that he shall not tamper with prosecution evidence, shall not pressurize prosecution witnesses, and shall appear on each and every date fixed by the trial court.

Detailed headnote1 paragraphs

Bail granted — offences under Sections 419, 420, 467, 468, 471, 504, 506 I.P.C., Case Crime No. 332 of 2022, P.S. Jamo, District Amethi (F.I.R. dated 18.11.2022 alleging payment of money for illegally securing appointment in the Indian Army) — F.I.R. named Rahul @ Karan Singh and Mohd Shahid; applicant Gourav Kumar Roy alleged to be the person named as Rahul @ Karan Singh — Held: the person named in the FIR differs from the applicant; no allegation that the applicant received any money in connection with the offence; named co-accused Shahid (order dated 04.08.2023 in Bail Application No. 9827 of 2023) and Saahil Kumar (order dated 21.09.2023 in Bail No. 11370 of 2023) already granted bail; applicant has no previous criminal history and is in custody since 31.12.2022 — bail application allowed; release on personal bond and two sureties each in the like amount, subject to conditions of not tampering with evidence, not pressurizing witnesses, and appearance on every date fixed by the trial court. (Subhash Vidyarthi, J.; High Court of Judicature at Allahabad, Lucknow Bench; order dated 3.10.2023)

Neutral Citation No. - 2023:AHC-LKO:63338

Court No. - 16

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2854 of 2023

Applicant :- Gourav Kumar Roy Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Amit Kumar Singh,Bharat Kumar Dixit,Gopal Krishna Dixit

Counsel for Opposite Party :- G.A.,Ramakar Shukla Hon'ble Subhash Vidyarthi,J.

Heard Sri Bharat Kumar Dixit, learned counsel for the applicant, Sri Akhilesh Kumar Vyas, learned A.G.A. for the State and Sri Abhinav Singh holding brief of Sri Ramakar Shukla, learned counsel for the informant and perused the records.

The instant application has been filed seeking release of the applicant on bail in Case Crime No. 332 of 2022, under Sections 419, 420, 467, 468, 471, 504, 506 I.P.C., registered at Police Station Jamo, District Amethi.

The aforesaid case has been registered on the basis of an F.I.R. lodged on 18.11.2022 against (i) Rahul @ Karan Singh; and (2) Mohd Shahid stating that the informant had paid money for illegally securing appointment in Indian Army. Subsequently, it was alleged that the applicant-Gourav Kumar is infact the person named in the FIR as Rahul @ Karan Singh.

In the affidavit filed in support of bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. The co-accused Shahid, who is stated to have offered the informant to get him employed in the Army, has been granted bail by means of an order dated 04.08.2023 passed by this Court in Criminal Misc. Bail Application No.9827 of 2023. Coaccused-Saahil Kumar has also been granted bail by this court

by means of the order dated 21.09.2023 passed by this court in Bail No.11370 of 2023.

The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that person named in the FIR is Rahul @ Karan Singh whereas the applicant is Gourav Kumar Roy; that there is no allegation that the applicant has received any money in connection with the offence in question and that the other named co-accused persons have been granted bail, that the applicant has no previous criminal history and he is languishing in jail since 31.12.2022 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

Accordingly, this bail application stands allowed .

Let the applicant-Gourav Kumar Roy be released on bail in Case Crime No.323 of 2022, under Sections 419, 420, 467, 468, 471, 504, 506 I.P.C., registered at Police Station Jamo, District Amethi on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court.

Order Date :- 3.10.2023 Pradeep/-

Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench