Rinku v. State of U.P.
Case brief
What is this about?
In a bail application under Section 439 CrPC, the High Court released the applicant on bail, subject to strict conditions regarding appearance, non-tampering, and cooperation with the trial process.
What did the court decide?
Release of applicant on bail with a personal bond and two heavy sureties.
What the court decided
Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57907 of 2022
Applicant :- Rinku Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Shukla Counsel for Opposite Party :- G.A.,Dhirendra Kumar Verma
Hon'ble Dr. Gautam Chowdhary,J.
Heard Sri Ajay Kumar Shukla, learned counsel for the applicant, learned counsel for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Rinku , seeking enlargement on bail during trial in connection with Case Crime No. 242 of 2022 (S.T. No. 305 of 2022), under Sections 306. 323 I.P.C. registered at P.S.- Iglas, District- Aligarh.
The submission advanced by learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The fIr has been lodged by the informant stating there in that the marriage of his sister has been performed before nine years, she has two children. According to the statement of the doctor recorded under section 161 Cr.P.C he opined that cause of death is cardio pulmonary arrest due to ante mortem hanging and deceased has committed suicide by hanging herself. The deceased was a short tempered lady and due to some dispute of children she committed suicide. There was no demand of dowry and also there is no external injury found on the body of victim. Several other submissions in order to demonstrate the falsity of the allegations made against the 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. It is further contended by learned counsel for the applicant that the applicant is languishing in jail since 0506.2022 having no criminal history.
Issues for consideration
2 issues framed by the court
Whether the applicant is eligible for bail during trial when falsely implicated.
What conditions must be imposed on the applicant to secure bail.
Parties & counsel
- applicant
Rinku
Coram
Dr. Gautam Chowdhary
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- BAIL/57907/2022
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