Allowed

Rajkumar Singh v. State of U.P.

Allahabad HC19 Jan 2023BAIL/55260/2022

Case brief

AI extract

What is this about?

The Allahabad High Court allowed bail in a cheating and extortion case where the applicant was accused of taking money without executing a sale deed. The court noted it was a no-injury case and the applicant had been in custody since October 2022.

What did the court decide?

Released on bail on personal bond and two sureties, conditional on non-tampering with evidence, sincere cooperation, and no further crimes.

Rajkumar Singh Vs State of U.P. — Cheque Dishonour | Allahabad HC (2023)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55260 of 2022

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Applicant :- Rajkumar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Maurya Counsel for Opposite Party :- G.A.,Harsh Bardhan Choubey

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant, learned counsel for the first informant and the learned A.G.A. for the State and perused the record.

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The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 0143 of 2022, registered under Sections 392, 420 I.P.C., Police Station Garwar, District Ballia during pendency of the trial.

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It is alleged in the F.I.R. that some unknown person came to his Dera for registry of land had took money but after taking money, did not execute sale deed.

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Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. There is no allegation in the F.I.R. that informant's money was taken by force. The informant's has disclosed the identity of the co-accused in his Mazid Bayan. Allegation made in the F.I.R. is doubtful. Criminal history of the applicant has clearly been explained in para no. 18 of the bail application. It is a no injury case. The applicant is languishing in jail since 18.10.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate in trial.

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Learned A.G.A. and learned counsel for the first informant has opposed the bail prayer of the applicant.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Rajkumar Singh, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the

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satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 19.1.2023 Vibha Singh

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Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad

Rajkumar Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rajkumar Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

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