Allowed

Ankit Rawat v. State of U.P. Thru Prin. Secy. Home Lko.

Allahabad HC18 Jul 2024/7374/2024

Case brief

AI extract

What is this about?

In this bail application arising from charges under sections 363 and 366 IPC, the High Court granted bail to the applicant. Considering the victim's statements and the lack of evidence showing flight risk, the court found it fit to enlarge the applicant on bail subject to specific conditions.

What did the court decide?

Release on bail subject to furnishing a personal bond and two sureties, along with undertakings not to tamper with evidence.

Ankit Rawat Vs State of U.P. Thru Prin. Secy. Home Lko. — Cheating and Forgery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:48563

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Court No. - 14

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7374 of 2024

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Applicant :- Ankit Rawat Opposite Party :- State Of U.P. Thru Prin. Secy. Home Lko. Counsel for Applicant :- Deepanker Kumar,Neel Kisan Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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1. Heard Mr. Neel Kisan, learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record.

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2.. Learned counsel for the applicant submits that as per statement of the victim under section 161 and 164 CrPC, she on her own accord went away with the applicant. No offence under sections 363, 366 I.P.C. is made out. The applicant has explained criminal history of two cases in the bail application. The applicant is in jail since 14.5.2024.

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It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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3. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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4. Considering the facts and circumstances of the case, statements of the victim under sections 161 and 164 CrPC, charge sheet has been filed, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail.

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5. Let the applicant Ankit Rawat, involved in Case Crime No.45 of 2024 under sections 363, 366 I.P.C., P.S. Hussainganj, district Lucknow, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(vi) In case the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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6. The application is allowed accordingly.

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Order Date :- 18.7.2024 kkb/

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Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench

Ankit Rawat v. State of U.P. Thru Prin. Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

Ankit Rawat v. State of U.P. Thru Prin. Secy. Home Lko.

Case brief

What is this about?

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