Allowed

Rajendra Singh v. State of U.P.

Allahabad HC23 Aug 2023BAIL/34454/2023

Case brief

AI extract

What is this about?

In this criminal miscellaneous bail application, the Allahabad High Court granted bail to the applicant under Section 439 Cr.P.C., noting prolonged confinement and lack of state submission regarding tampering or witness intimidation risks.

What did the court decide?

Applicant released on bail by furnishing personal bond and two heavy sureties on conditions not to tamper with evidence or intimidate witnesses and to appear at all stages.

Rajendra Singh Vs State of U.P. — Cheating and Forgery | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:169460

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34454 of 2023

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Applicant :- Rajendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Rathore,Sanjeev Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Supplementary affidavit, filed by the counsel for the applicant, is taken on record.

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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 instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No.298 of 2023, under Sections 419, 420, 467, 468, 471, 477A I.P.C., Police Station- Kotwali, District- Mainpuri during pendency of the trial.

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Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant is not the seller nor purchaser of the disputed land. No amount has been credited in the account of the applicant. The applicant is not the beneficiary of the illicit transaction. Only because the applicant has filed a complaint against the informant (Lekhpal), the instant prosecution has been instituted against the applicant. The criminal history of the applicant has been explained in para 21 of the bail application and in para 5 of the supplementary affidavit. The applicant is in jail since 3.6.2023. In case he is enlarged 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 regard to the submissions made above and the fact that the applicant has remained confined for almost two and half months and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when 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, without commenting on 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, Rajendra Singh involved in the aforesaid

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case be released on bail on his furnishing a personal bond and two heavy sureties each of the like amount to the satisfaction of court concerned on the following conditions that:

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i. the applicant shall not temper with the prosecution evidence;

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ii. the applicant shall not pressurize the prosecution witness;

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iii. the applicant shall appear on each and every date fixed by the trial court.

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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 :- 23.8.2023/S.S.

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Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad

Rajendra Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rajendra Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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