Allowed

Ranjan Kumar v. State of U.P.

Allahabad HC14 Dec 2023BAIL/33118/2023

Case brief

AI extract

What is this about?

Single judge allowed second bail application to Ranjan Kumar in a case involving cheating and cyber offences, noting his detention for over a year with no criminal history, distinguishing a case where a co-accused with a record was released.

What did the court decide?

Applicant released on personal bond and two sureties on conditions of appearing in trial, not tampering with evidence, and refraining from criminal activity.

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

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Neutral Citation No. - 2023:AHC:237280

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33118 of 2023

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Applicant :- Ranjan Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Dinesh Pratap Rao Dixit,Rajiv Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Rajesh Kumar, learned counsel for the applicant and Dr. S.B. Maurya, learned AGA-I for the State-respondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 08 of 2022, under Sections 419, 420 IPC 66-C, 66-D I.T. Act, Police Station- Cyber Crime Moradabad, District- Moradabad, during pendency of the trial in the court below.

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Learned counsel for the applicant submitted that this is the second bail application filed on behalf of the applicant and his first bail application was dismissed on merit by this Court on 14.02.2023 and he is pressing the instant second bail application on the ground that all the offences are triable by Magistrate-1st Class and for all the offenced maximum punishment is upto seven years and applicant is in jail since 07.12.2022 i.e. for more than a year and he is not having any criminal history and even after rejection of the first bail application of the applicant, bail application of co-accused Ajay Kumar Mandal has been allowed by co-ordinate Bench of this Court.

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Per contra, learned AGA although, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant.

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I have heard learned counsel for the parties and perused the record of the case.

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However, this is the second bail application filed on behalf of the applicant and his first bail application was dismissed on merit by this Court on 14.02.2023 but it reflects that applicant is in jail since 07.12.2022 i.e. for last more than a year and all the offences

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are triable by Magistrate-1st Class and maximum punishment provided for all the offence is upto seven years and applicant is not having any criminal history.

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Further, co-accused Ajay Kumar Mandal, who was having criminal history to his credit, has been released on bail after rejection of the first bail application of the applicant.

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Therefore, considering the facts and circumstances of the case discussed above, particularly, the fact that applicant is in jail for last more than a year and he is not having any criminal history, in my view, applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant- Ranjan Kumar be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) 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 or any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 14.12.2023 KK Patel

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Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad

Ranjan Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ranjan Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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