High Court granted bail to Rakesh Kumar in Criminal Misc. Bail Application No. 14544 of 2022. Court found merit in submissions regarding false implication and lack of flight risk, allowing release on personal bond and two sureties with standard conditions.
Applicant released on bail by furnishing personal bond and two sureties in like amount.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14544 of 2022
Applicant :- Rakesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Suresh Kumar Verma,Om Prakash Prajapati Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of the second bail application the applicant has prayed to be enlarged on bail in Case Crime No.340 of 2021 at Police StationColonelganj, District-Prayagraj under Sections 419, 420, 467, 468, 477A, 120B IPC. The applicant is in jail since 20.06.2021.
The first bail application of the applicant was rejected by this Court on 16.12.2021.
The following arguments made by Shri Vimlendu Tripathi, learned counsel assisted by Shri Suresh Kumar Verma, learned counsel and Shri Om Prakash Prajapati, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Sunil Kumar Srivastava, learned AGA from the record, entitle the applicant for grant of bail:
(1). The applicant has been falsely implicated in the instant case.
(2). The applicant did not submit the forged height certificate.
(3). The offending medical certificate was issued by the competent authority under its seal and signature after carrying out the medical of the applicant.
(4). The applicant does not have any criminal history apart from this case.
(5). The applicant and his family reside in districtPrayagraj and the livelihood of the applicant is also in the same district. The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.
I see merit in the submissions of learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Rakesh Kumar be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the
interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.
In case any averment made in the bail application or the submissions during the course of argument are found to be false or in case of breach of any of the above condition, the State/prosecution may move an application for cancellation of bail application.
Order Date :- 2.1.2023 Ashish Tripathi
Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to enlargement on bail given the high court's second bail application.
Rakesh Kumar
Ajay Bhanot
Ashish Nayan Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
