Allowed

Rishabh Bajpai v. State of U.P.

Allahabad HC21 Sept 2023BAIL/36237/2023

Case brief

AI extract

What is this about?

The Allahabad High Court granted bail to Rishabh Bajpai in a case involving kidnapping and related charges. The court noted the applicant was not in the FIR, no incriminating articles were recovered, co-accused were already bailed, and no anticipatory risk of witness tampering was demonstrated.

What did the court decide?

Released on bail with a personal bond and two sureties on similar amounts, subject to standard conditions of appearance and non-interference.

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

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Neutral Citation No. - 2023:AHC:183283

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36237 of 2023

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Applicant :- Rishabh Bajpai Opposite Party :- State of U.P. Counsel for Applicant :- Vidhu Bhushan Singh,Rudra Pratap Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard learned counsel for the applicant and learned A.G.A. 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. 216 of 2023, under Sections 364, 323, 504, 506 I.P.C., Police Station Barra, District Kanpur Nagar 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 has been falsely implicated in the instant case owing to certain other dispute between the parties. The victim was recovered on the next day. The applicant and the informant are residents of the same locality. The investigating officer has not collected any video clip which shows the victim being abducted by the applicant. Except the confessional statement of the applicant in police custody, there is no evidence against him. The victim has not sustained any injury in the alleged incident. No recovery of any incriminating article has been made from the possession of the applicant. It is next contended that co-accused Rajat Gupta and Kartik Gupta, having identical role, have been granted bail by this Court in Criminal Misc. Bail Application Nos. 35237 of 2023, Rajat Gupta v. State of U.P., and 36393 of 2023, Kartik Gupta v. State of U.P., vide orders dated 10.08.2023 and 28.08.2023 respectively. The applicant does not have any criminal history. The applicant is in jail since 19.6.2023. 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 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, no recovery of any incriminating article has been made from the applicant and identically placed co-accused have been granted bail by this Court. The applicant has no criminal antecedent. Moreover, the applicant has remained confined for almost three 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- Rishabh Bajpai, 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 :- 21.9.2023 SKT/-

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

Rishabh Bajpai v. State of U.P.

Case brief

What is this about?

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Rishabh Bajpai v. State of U.P.

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