The Allahabad High Court allowed a bail application by Lalit Rajbhar in a case under the Gangsters Act. The court held that the applicant was a convenient scapegoat and not a flight risk, permitting release on personal bond and sureties.
Applicant released on bail by furnishing a personal bond and two sureties in like amount.
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.
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6660 of 2023
Applicant :- Lalit Rajbhar Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No.01 of 2023 at Police StationBardah, District-Azamgarh under Section 3(1) of Gangsters Act. The applicant is in jail since 03.01.2023.
The bail application of the applicant was rejected by the learned trial court on 18.01.2023.
The following arguments made by Shri Rajesh Kumar, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Rishi Chaddha, learned AGA from the record, entitle the applicant for grant of bail:
(1). The applicant has been falsely implicated in this case only to burnish the credentials of the police authorities.
(2). The applicant has been enlarged on bail in the solitary criminal case depicted in the gang
chart.
(3). He is not a member of any criminal gang.
(4). The applicant has explained his criminal history. Learned AGA contends that the applicant has a criminal history of one more case. Rejoining this issue, learned counsel for the applicant contends that the applicant is in jail and does not have any effective pairokar. Hence details of the case could not be obtained and stated in the bail application. However, relying on the records available with the learned AGA and the instructions received from his client, learned counsel for the applicant submits that the applicant belongs to the economically poor strata of the society and is a convenient scapegoat for the police authorities. The applicant was falsely framed in the said case. The said case does not have any bearing on 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- Lalit Rajbhar 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 :- 13.2.2023 Vandit
Digitally signed by :- VANDIT AGRAWAL High Court of Judicature at Allahabad
1 issue framed by the court
Whether to grant bail to the applicant under Section 3(1) of the Gangsters Act.
1 provisions across 1 enactments
Lalit Rajbhar
Vandit Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
