Allowed

Rakesh Mathur v. State of U.P.

Allahabad HC14 Mar 2023BAIL/56223/2022

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant in a criminal matter involving offenses under the Indian Penal Code and the Immoral Traffic (Prevention) Act, imposing conditions for presence in court and prohibiting delays in evidence production.

What did the court decide?

Release of applicant on bail with personal bond including two heavy sureties, one being a family member, and issuance of proclamation legislation to recover escape if applicable.

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

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56223 of 2022

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Applicant :- Rakesh Mathur Opposite Party :- State of U.P. Counsel for Applicant :- Sudarshan Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicant and the learned A.G.A. appearing for the State.

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It has been contended by the learned counsel for the applicant that the elder daughter of the applicant gave statement in favour of the applicant. It is further submitted that the applicant is innocent and he has been falsely implicated in the present case. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has 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. It has also been submitted that applicant is languishing in jail since 27.2.2022 having no previous criminal history.

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Learned A.G.A. opposed the prayer for bail.

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Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, the statement of the elder girl of the applicant prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without

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expressing any opinion on the merit of the case, I find it to be a case of bail.

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Let the applicant, Rakesh Mathur, involved in Case Crime No. 208 of 2022, under Sections 323, 342, 506 IPC and Section 5 of the Immoral Traffic (Prevention) Act, Police Station Subhash Nagar, District -Bareilly be released on bail on his furnishing a personal bond with two heavy sureties each in the like amount, one of which shall be of his family member, to the satisfaction of the court concerned with the following conditions.

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of his absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the

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trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of six months from the date of production of a certified copy of this order, if there is no legal impediment.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

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Order Date :- 14.3.2023

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Kumar Manish.

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Digitally signed by :- MANISH TRIPATHI High Court of Judicature at Allahabad

Rakesh Mathur v. State of U.P.

Case brief

What is this about?

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Rakesh Mathur v. State of U.P.

Case brief

What is this about?

What did the court decide?

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