Allowed

Gorakhi Rana v. State of U.P. Thru. Prin. Secy. Civil Sectt. Home Deptt. Lko

Allahabad HC12 Sept 2024BAIL/9772/2024

Case brief

AI extract

What is this about?

The court allowed the bail application of Gorakhi Rana. Relying on the fact that the case relies on suspicion, an extra-judicial confession, and a recovery without independent witnesses, coupled with the applicant's custody duration and lack of criminal history, the court granted bail with specific conditions.

What did the court decide?

The applicant is released on bail under Sections 302, 201 IPC by executing a personal bond and two reliable sureties with conditions regarding attendance, committing no further offences, and not tampe

Gorakhi Rana vs State of U.P. Thru. Prin… — Murder and Culpable Homicide | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:63244

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9772 of 2024

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Applicant :- Gorakhi Rana Opposite Party :- State Of U.P. Thru. Prin. Secy. Civil Sectt. Home Deptt. Lko Counsel for Applicant :- Rajiva Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

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2 . It is argued by the counsel for the applicant that the co-accused i.e. the wife of the applicant was enlarged on bail vide order dated 22.08.2024. It is further argued that the allegations are similar in all aspects except that the recovery was shown at the instance and pointing out of the applicant. My attention is drawn to the recovery memo, wherein there are no independent witnesses to the recovery.

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3. Learned A.G.A. opposed the bail prayer.

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4. Considering the fact that the case is based upon suspicion, extra judicial confessional and the recovery, which is not in the presence of any independent witness coupled with the fact that the applicant is in custody since 22.04.2024 and has no criminal history, the applicant is enlarged on bail. Accordingly, the bail application is allowed .

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5. Let the applicant Gorakhi Rana be released on bail in FIR/ Case Crime No. 41 of 2024, under Sections 302, 201 IPC, Police Station Kotwali Tikonia, District Lakhimpur Kheri, on her furnishing personal bonds and two reliable sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which she is accused or suspected of the commission; and

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(c) 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 her from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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Order Date :- 12.9.2024 Arun

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

Gorakhi Rana v. State of U.P. Thru. Prin. Secy. Civil Sectt. Home Deptt. Lko

Case brief

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What did the court decide?

Gorakhi Rana v. State of U.P. Thru. Prin. Secy. Civil Sectt. Home Deptt. Lko

Case brief

What is this about?

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