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Parvind Kumar Rajbhar Alias Parvind Rajbhar Alias Parvind Kumar Alias Parvindra v. State of U.P.

Allahabad HC9 Jul 2024A482/20198/2024

Case brief

AI extract

What is this about?

Applicant detained since December 2020 despite bail orders in seven criminal cases sought release on one personal bond instead of separate sureties per case. Invoking Articles 21 and 22, the High Court directed the courts concerned to release him on a personal bond of Rs. 50,000 with two sureties.

What did the court decide?

Direction to court(s) below to release applicant in seven cases on personal bond of Rs. 50,000 and two sureties of like amount.

Parvind Kumar Rajbhar Alias Parvind Rajbhar Alias Parvind… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:146774

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Court No. - 78

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Case :- APPLICATION U/S 482 No. - 20198 of 2024

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Applicant :- Parvind Kumar Rajbhar Alias Parvind Rajbhar Alias Parvind Kumar Alias Parvindra Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Shamim Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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During the course of hearing learned counsel for the applicant has corrected the prayer clause of this application.

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Heard Shri Mohd. Shamim, learned counsel for the applicant and Shri Karunakar Singh, learned A.G.A. for the State.

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The present 482 Cr.P.C. application has been filed with a prayer to issue a direction to the court below to release the applicant in total seven cases on the basis of personal bond and two sureties being (1) Case Crime No. 383 of 2020, under Sections 302, 34 IPC, P.S. Sahjanwa , District Gorakhpur, (2) Case Crime No. 753 of 2020, under Section 3 (1) of U.P. Gangsters and Anti Social Activities (Prevention ) Act, 1986, P.S. Sahjanwa , District Gorakhpur, (3) Case Crime No. 130 of 2020, under Sections 394, 411 IPC, P.S. Gulariha , District Gorakhpur, (4) Case Crime No. 307 of 2020, under Sections 307, 420 IPC, P.S. Gulariha , District Gorakhpur, (5) Case Crime No. 44 of 2019, under Section 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S. Pipraich , District Gorakhpur, (6) Case Crime No. 572 of 2020, under Sections 3/25/27 of Arms Act, P.S. Sahjanwa , District Golrakhpur and (7) Case Crime No. 550 of 2023, under Sections 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S. Pipraich , District Gorakhpur.

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Learned counsel for the applicant submits that the applicant is languishing in jail since 16.12.2020 inspite of bail orders passed and last bail order has been passed on 05.10.2023. It is further submitted that the applicant is a poor person and social status of the applicant is not good and due to this reason he has failed to arrange the sureties in each case. It is further submitted that in all seven cases applicant has been granted bail and in most of the cases he has been implicated on the basis of his confessional

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statement.

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In view of above facts and circumstances of the case and keeping in mind the settled law with regard to fundamental right of the accused guaranteed under Article 21 and 22 of Constitution of India, the court concerned is/are directed to release the applicant in aforesaid total seven cases on the basis of personal bond of Rs. 50,000/- and two sureties of like amount to the satisfaction of the court concerned.

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Order Date :- 9.9.2024 MAA/-

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Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad

Parvind Kumar Rajbhar Alias Parvind Rajbhar Alias Parvind Kumar Alias Parvindra v. State of U.P.

Case brief

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Parvind Kumar Rajbhar Alias Parvind Rajbhar Alias Parvind Kumar Alias Parvindra v. State of U.P.

Case brief

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What did the court decide?

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