The High Court of Judicature at Allahabad allowed a bail application by Rakesh Kumar, charged under Sections 420, 379, and 411 IPC. The court noted the trial is unlikely to conclude soon and was influenced by the grant of bail to a co-accused in the same case.
Release of applicant Rakesh Kumar on bail with a personal bond and two local heavy 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.
Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9930 of 2023
Applicant :- Rakesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Dhirendra Kumar Srivastava,Noor Ahmed
Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and Shri Mithilesh Kumar, Shri D.P.S. Chauhan, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that the applicant is not named in the F.I.R. and his name has come into light during the course of investigation. It is next contended that the applicant has not committed the crime as alleged in the F.I.R. It is further submitted that nothing incriminating has been recovered from the possession of the applicant. It is further submitted that there is no independent witness of the alleged recovery that has been shown against the applicant. It is further submitted that co-accused Rakesh has been granted bail by the coordinate Bench of this Court vide order dated 27.09.2022 passed in Criminal Misc. Bail Application No. 43465 of 2022 and applicant is also entitled for bail. It is further submitted that there is criminal history of the applicant and the same has been explained in para no. 15 of the affidavit filed in support of the bail application. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. 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 the applicant is languishing in jail since 04.01.2023.
Learned A.G.A. has vehemently opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused,
trial is not likely to be concluded in near future, grant of bail to the co-accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P. (Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Rakesh Kumar involved in Case Crime No. 422 of 2022, under Sections 420, 379, 411 I.P.C., Police Station Civil Lines, District Muzaffarnagar be released on bail on his furnishing a personal bond with two local heavy sureties (one should be of family member) each in the like amount to the satisfaction of the court concerned with the following conditions.
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 3.4.2023
Bhanu
Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant is entitled to bail given the nature of the offence and the delay in the conclusion of trial.
Whether the impracticality of securing sureties justifies the denial of bail under the circumstances.
Whether the applicant's contention of being falsely implicated merits the grant of bail.
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vs. C.B.I. & AnotherReferred¶10
Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P. (Crl.) No. 5191 of 2021
Rakesh Kumar
Hon'ble Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
