Allowed

Kundan Rajpoot v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC13 Jun 2024BAIL/6267/2024

Case brief

AI extract

What is this about?

Bail application for an accused in Case Crime No. 128 of 2024 under sections 392 and 411 IPC. Noting one explained criminal case, incarceration since 11-05-2024 and undertakings to cooperate, the court granted bail without commenting on merits.

What did the court decide?

Applicant released on bail on furnishing personal bond and two sureties, with standard conditions.

Kundan Rajpoot vs State of U.P. Thru. Prin. Secy. Home Lko. — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:44127

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6267 of 2024

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Applicant :- Kundan Rajpoot Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Satish Kumar,Amit Bhardwaj Counsel for Opposite Party :- G.A.

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Hon'ble Shree Prakash Singh,J.

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Heard Sri Amit Bhardwaj,learned counsel for the applicant, Sri Nirmal Kumar Pandey,learned A.G.A. for the State and perused the material placed on record.

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The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 128 of 2024, under sections 392 & 411 of IPC, P.S.Mahanagar, District -Lucknow.

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Learned counsel appearing for the applicant submits that the applicant is innocent and has been falsely implicated in the instant matter due to ulterior motive. He next added that there is one case criminal history of the applicant, which has been explained in paragraph no. 5 of the affidavit filed in support of the bail application. He further submits that there is no previous criminal antecedent of the applicant and he is languishing in jail since 11-05-2024 and in case the applicant is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings.

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Per contra, learned AGA appearing for the State has vehemently opposed the contentions aforesaid and submitted that there are serious allegations against the present applicant and after thorough investigation, it was found that the applicant was involved in committing offence and as such, he is not entitled for any relief.

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Having heard the learned counsels for the parties and after perusal of material placed on record, it transpires that there is one case criminal history of the applicant, which has been explained in the bail

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application, except apart, there is no other case criminal history of the applicant and he is languishing in jail since 11-05-2024 and considering the fact that the applicant has undertaken that if he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings; thus without commenting on the merits of the case, I find it a fit case for bail.

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Let the applicant- Kundan Rajpoot , involved in the aforementioned 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, with the following conditions:-

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(1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial;

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(2) 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. He 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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(3) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.; and

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(4) 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, 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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The identity, status and residential proof of sureties will be verified by the court concerned

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and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

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It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case.

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Order Date :- 25.6.2024

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AKS

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Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Kundan Rajpoot v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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Kundan Rajpoot v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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