The Allahabad High Court Court No. 74 allowed the bail application of Ajay Rawat, who was an accused in a case under Sections 392, 411 IPC. The court upheld the arguments regarding plantations of recovered items and lack of independent witnesses without explicitly addressing merits.
The applicant was enlarged on bail by furnishing a personal bond and two sureties.
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.
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34851 of 2022
Applicant :- Ajay Rawat Opposite Party :- State of U.P. Counsel for Applicant :- Saral Singh,Satyendra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Supplementary affidavit filed by the applicant is taken in the record.
By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No.420 of 2021 at Police Station-Friends Colony, District-Etawah under Sections 392, 411 IPC. The applicant is in jail since 04.11.2021.
The bail application of the applicant was rejected by the Special Judge (Essential Commodities Act)/Dacoity Affected Areas Act), Etawah on 18.02.2022.
The following arguments made by Shri Saral Singh, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Paritosh Kumar Malviya, learned AGA-I from the record, entitle the applicant for grant of bail:
(1). Recovered items were planted on the applicant only to falsely implicate him in this case to burnish the credentials of the police authorities.
(2). There is no independent witnesses to the recovery.
(3). Recoveries cannot be connected with the offence.
(4). Explaining the criminal history of the applicant it is contended that the applicant belongs to the economically poor strata of the society and is convenient scapegoat for the police authorities. The applicant was repeatedly nominated him only to show proficiency of the police. The said cases do not have any bearing on the instant bail application.
(5). The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant-Ajay Rawat be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The
following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence or influence any witness during the trial.
(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
Order Date :- 3.1.2023 Ashish Tripathi
Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail in a case under Sections 392, 411 IPC.
Ajay Rawat
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
