Allowed

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

Allahabad HC2 Aug 2024BAIL/8091/2024

Case brief

AI extract

What is this about?

This court allowed a criminal bail application filed by Rakesh Kumar Gupta in an IPC case for cheating and forgery. Considering co-accused were already granted anticipatory bail, the court ordered the applicant's release on furnishing a bond with sureties and two witnesses.

What did the court decide?

Release of the applicant on bail by furnishing a personal bond and two sureties, subject to conditions against tampering and appearance in court.

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

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Neutral Citation No. - 2024:AHC-LKO:53205

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Court No. - 31

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8091 of 2024

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

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Hon'ble Subhash Vidyarthi,J.

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Heard Mr. Manoj Kumar Singh, learned counsel for the applicant, Mr. Rakesh Kumar Singh, learned A.G.A. for the State and perused the record.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No.290 of 2024, under Sections 419, 420, 467, 468, 471 I.P.C., registered at Kotwali Nagar, District- Gonda.

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The aforesaid case has been registered on the basis of the F.I.R. lodged on 26.06.2023 against two persons not the the applicant, stating that the accused person namely, Munni Devi had transfered certain Nazul land to the other co-accused namely, Mohd. Shakir on 5.12.2018 without prior permission of the competent authority. The applicant has also executed the transfer deed and therefore, he has been falsely implicated in the present case.

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In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he is languishing in jail since 18.06.2024.

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The learned counsel for the applicant has submitted that coaccused persons namely, Munni Devi and Mohd Shakir have already been granted anticipatory bail by means of an orders dated 12.7.2024 and 3.6.2024 passed by co-ordinate Bench of this Court in Criminal Misc Anticipatory Bail Application Nos.1457 of 2024 and 1219 of 2024, respectively.

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Having considered the aforesaid facts and circumstances of the case and coupled with the fact that co-accused persons have already been granted anticipatory bail by this Court, without

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making any observations which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail.

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Accordingly, this bail application stands allowed.

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Let the applicant- Rakesh Kumar Gupta be released on bail in the aforesaid case, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: -

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(i) the applicant shall not tamper with the prosecution evidence;

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(ii) the applicant shall not pressurize the prosecution witnesses;

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(iii) the applicant shall appear on each and every date fixed by the trial court.

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Order Date :- 2.8.2024 Sachin

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(Subhash Vidyarthi,J.)

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

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

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

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