Rambaran Vs State of U.P. — Allahabad HC (2023) — LawSathi Research

Rambaran Vs State of U.P. — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant Rambaran to be released on bail in Case Crime No.103 of 2022 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to conditions of not tampering with the evidence or influencing any witness during the trial and of appearing before the trial court on the date fixed unless personal presence is exempted.

Issue for consideration

Whether the applicant Rambaran should be enlarged on bail in Case Crime No.103 of 2022, Police Station-Maudaha, District-Hamirpur, under Sections 313 and 506 IPC.

Ratio / Principle

The arguments advanced on behalf of the applicant, which could not be satisfactorily refuted by learned AGA-I from the record, entitle the applicant for grant of bail.

Key takeaways

In light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.ratio¶12
The applicant Rambaran is to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to conditions that he will not tamper with the evidence or influence any witness during the trial and will appear before the trial court on the date fixed unless personal presence is exempted.ratio¶13

Detailed headnote1 paragraphs

Bail application allowed by the High Court of Judicature at Allahabad (Ajay Bhanot, J.) in Case Crime No.103 of 2022, Police Station-Maudaha, District-Hamirpur, under Sections 313 and 506 IPC. The FIR was argued to be the result of a relationship between the victim and the brother of the applicant, with the applicant falsely nominated to implicate the family after the break-up of the relationship; the applicant denied administering any medicine to the victim to abort her pregnancy. The applicant had no criminal history apart from the instant case, was in jail since 25.07.2022, was not a flight risk, and undertook to cooperate with investigation and court proceedings. Bail had been rejected by the learned trial court on 19.10.2022. Finding the applicant's arguments incapable of satisfactory refutation by the learned AGA-I from the record, and without making any observations on the merits, the Court enlarged the applicant on bail on a personal bond with two sureties each in the like amount, imposing conditions against tampering with evidence or influencing witnesses and requiring appearance before the trial court on dates fixed. Order dated 6.1.2023.

Court No. - 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56954 of 2022

Applicant :- Rambaran Opposite Party :- State of U.P. Counsel for Applicant :- Om Prakash Counsel for Opposite Party :- G.A.,Raja Ram Kushwaha

Hon'ble Ajay Bhanot,J.

By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.103 of 2022 at Police Station-Maudaha, District-Hamirpur under Sections 313 and 506 IPC. The applicant is in jail since 25.07.2022.

The bail application of the applicant was rejected by learned trial court on 19.10.2022.

The following arguments made by Shri Sandeep Mishra, learned counsel holding brief of Shri Om Prakash, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Paritosh Kumar Malviya, learned AGA-I from the record, entitle the applicant for grant of bail: (1). The F.I.R. is the result of relationship between the victim and the brother of the applicant.

(2). The applicant has been falsely nominated to implicate the family after the break up of the relationship.

(3). The applicant did not administer any medicine to the victim to abort her pregnancy.

(4). The applicant does not have any criminal history apart from the instant case apart from the instant case.

(5). The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

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-Rambaran 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 :- 6.1.2023 Ashish Tripathi

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