The High Court allowed a bail application in a case involving IPC sections 376, 506, among others. The court found arguments concerning lack of medical evidence and potential extortion unsustainable refutation, permitting release on personal bond and sureties.
Applicant released on bail on 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.
Neutral Citation No. - 2023:AHC:179955
Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56264 of 2022 Applicant :- Raj Prajapati Alias Virendra Opposite Party :- State of U.P.
Counsel for Applicant :- Rohit Kumar Mishra,Ajay Kumar Kashyap,Brajesh Kumar Singh,Mahendra Kumar Maurya Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 610 of 2022 S.T. No. 804 of 2022 at Police Station- Baradari, DistrictBareilly under Sections 452, 376(2) N, 343, 323, 504, 506 IPC. The applicant is in jail since 06.08.2022.
The bail application of the applicant was rejected by the learned trial court on 21.11.2022.
The following arguments made by Shri Mahendra Kumar Maurya, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Chandan Agarwal, learned AGA from the record, entitle the applicant for grant of bail:
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- Raj Prajapati Alias Virendra 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 :- 18.9.2023 Pravin
Digitally signed by :- PRAVIN VERMA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to be released on bail given the arguments regarding lack of medical evidence and delay in FIR.
1 provisions across 1 enactments
Raj Prajapati Alias Virendra
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
