Allowed

Deepu Alias Rajvir v. State of U.P.

Allahabad HC16 Nov 2023BAIL/44363/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a second bail application filed by the accused, who has been in jail since December 2021. The court held that the applicant had made out a case for bail based on the arguments regarding hostile witnesses and lack of criminal history, without expressing an opinion on the merits.

What did the court decide?

Bail allowed; applicant released on personal bond and two heavy local sureties subject to specified conditions including non-tampering with evidence and witnesses.

Deepu Alias Rajvir Vs State of U.P. — Domestic Violence | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:217405

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44363 of 2023

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Applicant :- Deepu Alias Rajvir Opposite Party :- State of U.P. Counsel for Applicant :- Mukesh Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Dr. Gautam Chowdhary,J.

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This is second bail application moved on behalf of the applicant. The first Criminal Misc. Bail Application No. 11794 of 2023 has been rejected by Hon'ble Mr. Justice Saurabh Shyam Shamshery, vide order dated 11.05.2023. Vide order 03.11.2023 passed by Hon'ble The Chief Justice, the instant bail application has been directed to be listed before appropriate Court dealing with such matter. Accordingly, the instant bail application is before this Court.

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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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It has been argued by learned counsel for the applicant that the applicant is the husband of deceased, who is innocent and has been falsely implicated in the present case. Learned counsel further submits that by the efflux of time, trial began and during the trial, the statements of P.W.1, P.W.2 and P.W.3 were recorded and they were declared hostile by the learned trial Court, copy of their statements are annexed as Annexure-11, 12, 13 to the affidavit accompanying the bail application. He thus submits that no offence against the applicant is made out. Several other submissions in order to demonstrate the falsity of the allegations made against the

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applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 15.12.2021 having no criminal history.

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Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail. Hence the bail application is allowed.

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Let applicant Deepu alias Rajvir involved in Case Crime No.967 of 2021 (S.T. No. 1142 of 2022) under Sections 498A, 304B, 316 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Kotwali, District Fattukhabad, be released on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

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A. The applicant shall not tamper with the evidence during the trial.

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B. The applicant shall not pressurize/ intimidate the prosecution witness.

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C. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.

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D. The applicant shall not commit an offence similar to the offence of which he is an accused, or suspected, of the commission of he is suspected.

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E. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law.

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Order Date :- 16.11.2023 S.Ali

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Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad

Deepu Alias Rajvir v. State of U.P.

Case brief

What is this about?

What did the court decide?

Deepu Alias Rajvir v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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