In a second bail application under Section 439 Cr.P.C. for offences under the Prevention of Corruption Act and IPC 120-B, the High Court allowed bail after noting the applicant's lengthy custody and pending first application.
Release on bail on furnishing a personal bond and two local sureties each of the like amount subject to specified conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:154932
Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25981 of 2023
Applicant :- Rahul Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Satyendra Kumar Singh,Prince Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
submitted that the applicant is not an employee of Electricity Department and, in fact, he was employed by co-accused Rajesh Kumar Prajapati as a helper and the amount was demanded by coaccused Rajesh Kumar Prajapati. After rejection of first bail application of applicant, co-accused Rajesh Kumar Prajapati has already been granted bail by this Court vide order dated 19.05.2023, the copy of which is available on record. It is further submitted that the case of the applicant is at a better footing than that of co-accused Rajesh Kumar Prajapati. Further, applicant has already undergone the custody of about more than eight months. It was submitted that applicant is languishing in jail since 24.11.2022, having no criminal history, and in case the applicant is granted the liberty of bail, he shall not misuse the liberty so granted.
i. The applicant will not tamper with the evidence during trial. ii. The applicant will not pressurize/intimidate the prosecution witnesses.
iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
iv. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
Order Date :- 2.8.2023 Karan
Digitally signed by :- KUMAR KARAN RAO High Court of Judicature at Allahabad
3 provisions across 3 enactments
Rahul Kumar
Raj Beer Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
