Allowed

Ravi Kumar Prajapati v. State of U.P.

Allahabad HC13 Sept 2023BAIL/24795/2023

Case brief

AI extract

What is this about?

The Court allowed a bail application under Section 439 Cr.P.C. It noted the applicant was not in the FIR, there was no independent witness to recovery, no T.I.P. was held, and a co-accused has been granted bail. Finding no reasonable apprehension of tampering or intimidation, the applicant was released on bail with conditions.

What did the court decide?

Release of the applicant on bail by furnishing a personal bond and two sureties with conditions to appear in court and not tamper with evidence or witnesses.

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

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Neutral Citation No. - 2023:AHC:177735

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24795 of 2023

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Applicant :- Ravi Kumar Prajapati Opposite Party :- State of U.P. Counsel for Applicant :- Vipin Chandra Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard Sri Vipin Chandra Pandey, learned counsel for the applicant, and Sri Anupam Anand, learned Brief Holder for the State-opposite party.

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The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 278 of 2023, under Sections 392, 411, 120-B I.P.C., Police Station Sikandara, District Agra during the pendency of the trial.

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Learned counsel for the applicant submits that the applicant was not named in the first information report. The applicant was arrested on 22.04.2023 along with four other persons and has been falsely implicated in the instant case. False recovery of three rings of yellow metal, a coin of white metal and Indian currency of Rs.500/- has been shown from the applicant. There is no independent witness to the alleged recovery. No test identification parade was conducted by the police authorities. It is next contended that co-accused Asif Khan, who was arrested along with the applicant, has been granted bail by this Court in Criminal Misc. Bail Application No. 25406 of 2023, Asif Khan v. State of U.P., vide order dated 13.06.2023. The applicant claims parity. The criminal history of the applicant has been explained in Paragraph12 of the affidavit. The applicant is in jail since 22.04.2023 and if he is released on bail, he will not misuse the said liberty.

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Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that the applicant was not named in the first information report, there is no independent witness to the alleged recovery, no test identification parade was

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conducted and co-accused has been granted bail by this Court. Moreover, the applicant has remained confined for almost three and half months and after submission of the charge-sheet there is no hope of early conclusion of trial and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, therefore, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant- Ravi Kumar Prajapati, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he:

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(i) shall appear on the date fixed by the trial court;

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(ii) shall not tamper with the prosecution evidence; and,

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(iii) shall not pressurize the prosecution witnesses.

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

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Order Date :- 13.9.2023 SKT/-

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Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad

Ravi Kumar Prajapati v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ravi Kumar Prajapati v. State of U.P.

Case brief

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What did the court decide?

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