Allowed

Rakesh Kumar Awasthi v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC15 May 2024BAIL/5245/2024

Case brief

AI extract

What is this about?

Bail application for an applicant in a Case Crime No. 457 of 2022 involving IPC sections including attempted murder. Court noted general allegations against all accused and that co-accused Rajesh Kumar Awasthi was already on bail. Bail allowed with standard conditions.

What did the court decide?

Applicant released on bail upon furnishing personal bond and two sureties, subject to stated conditions.

Rakesh Kumar Awasthi vs State of U.P. Thru. Prin. Secy… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:46938

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Court No. - 17

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5245 of 2024

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Applicant :- Rakesh Kumar Awasthi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Jaikaran Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Supplementary affidavit and rejoinder affidavit filed by learned counsel for the applicant are taken on record.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed on behalf of the applicant with a prayer to enlarge him on bail in Case Crime No. 457 of 2022 under Sections 147, 148, 323, 325, 307 I.P.C., Police Station- Bhadokhar, District- Raebareli.

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Learned counsel for the applicant submits that the applicant has falsely been implicated in the present case. He further submits that as per the prosecution case, general allegations have been leveled against all the accused persons and two witnesses of fact has already been examined. He further submits that there is no possibility of tempering of any evidence and the applicant is in jail since 16.08.2022. He further submits that earlier the applicant was implicated in six cases, out of which, he has been acquitted in five cases, and two cases were related to the notice under Section 110 Cr.P.C., out of which, in one case which is pending against the applicant, he is on bail. He further submits that co-accused - Rajesh Kumar Awasthi has already been granted bail vide order dated 08.05.2024 passed in Crl. Misc. Bail Application No. 4822 of 2024. It is, thus, submitted that the applicant is entitled for bail.

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Learned A.G.A. vehemently opposes the prayer for bail. However, he does not dispute the fact that general allegations have been leveled against all the accused persons and coaccused - Rajesh Kumar Awasthi has already been enlarged on bail.

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Considering the submissions of learned counsel for the applicant, learned A.G.A. and going through the contents of the

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bail application, F.I.R., bail order of co-accused as well as other relevant documents; it is evident that co-accused - Rajesh Kumar Awasthi has already been enlarged on bail. Thus, this is a fit case for bail and the applicant is entitled to be released on bail.

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The bail application is allowed .

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Let the applicant- Rakesh Kumar Awasthi who is involved in aforementioned case crime 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 subject to following conditions:

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(i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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(ii) 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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(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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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(iv) 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 IPC.

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(v) 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., may be issued and if 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 IPC.

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(vi) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 10.7.2024 Arpan

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Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench

Rakesh Kumar Awasthi v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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Rakesh Kumar Awasthi v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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