Allowed

Raghvendra v. State of U.P.

Allahabad HC13 Jun 2023BAIL/20573/2023

Case brief

AI extract

What is this about?

In this bail application, the Allahabad High Court allowed the applicant Raghvendra to be released on bail. The court relied on the fact that identically placed co-accused have already been granted bail and no contrary opinion was expressed on the merits. The applicant must furnish a personal bond and two sureties.

What did the court decide?

The applicant Raghvendra released on bail on furnishing a personal bond and two sureties subject to conditions.

Raghvendra Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:126309

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20573 of 2023

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Applicant :- Raghvendra Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Mayank Kumar Jain,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The present bail application has been filed on behalf of applicant in Case Crime No. 106 of 2022, under Sections 366, 376-D, 328 of IPC, Police Station Redhar, District Jalaun with the prayer to enlarge the applicant on bail.

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It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It is further submitted that victim in her statement recorded under Section 161 Cr.P.C. did not make any allegation against the applicant while in her statement recorded under Section 164 Cr.P.C. she made allegation of gang rape against the applicant and two other co-accused namely Peter Kushwaha and Veeru. It is further submitted that similarly placed co-accused Peter Kushwaha and Veeru have already been granted bail by this Court vide orders dated 18.05.2023 and 19.05.2023 passed in Criminal Misc. Bail Application Nos. 21210 of 2023 and 21354 of 2023 respectively, and therefore, the applicant is also entitled to be released on bail. It is further submitted that applicant is languishing in jail since 06.02.2023 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute the aforesaid aspect of the matter.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and the fact that identically placed co-accused Peter Kushwaha and

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Veeru have already been granted bail by this Court, without expressing any opinion on 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 Raghvendra in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned subject to the following conditions:

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(1). The applicant will not tamper with the prosecution evidence during the trial.

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(2). The applicant will not influence any witness.

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(3). The applicant will appear before the trial Court on the date fixed, unless personal presence is exempted.

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(4). 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 him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.

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Order Date :- 13.6.2023 AKT

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Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad

Raghvendra v. State of U.P.

Case brief

What is this about?

What did the court decide?

Raghvendra v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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