Allowed

Gaurav Rajvanshi v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko.

Allahabad HC13 Sept 2024BAIL/9810/2024

Case brief

AI extract

What is this about?

This single-judge order grants bail to the applicant in an election offence case based on grounds of parity with a co-accused already released, noting the applicant has no criminal antecedents and no risk of absconding.

What did the court decide?

Bail allowed on personal bond and two sureties with conditions regarding evidence tampering, witness intimidation, duty to appear, and attendance rules.

Gaurav Rajvanshi vs State of U.P. Thru. Addl. Chief Secy… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:63709

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Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9810 of 2024 Applicant :- Gaurav Rajvanshi Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. Counsel for Applicant :- Apoorv Dev,Prashant Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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

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Learned counsel for the applicant submits that the applicant is not named in the FIR. He has not been arrested from the spot. Complicity of the applicant has been shown in the confessional statement of co-accused Sanjay Pandey who has been enlarged on bail by this Court vide order dated 27.08.2024 passed in criminal misc. bail application No. 9075 of 2024. Learned counsel for the applicant seeks parity with the order of the coaccused Sanjay Pandey.

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It is further submitted that the applicant is languishing in jail since 07.08.2024 without having any criminal antecedent. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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Learned AGA has opposed the bail application, however, could not dispute the fact it is a case of parity.

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On due consideration to the fact that offenecs are triable by magistrate; co-accused Sanjay Pandey in whose statement complicity of the applicant was surfaced has been enlarged on bail, coupled with the fact that the applicant is languishing in jail since 07.08.2024 without having any criminal antecedent and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail on the

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ground of parity.

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Accordingly, the bail application is allowed.

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Let the applicant involved in Case Crime/FIR No. 266/2024, under Sections 112/238-B/318(4) of BNS and Section 8/13(4) and 11/13(5) of U.P. Public Examination (Prevention of Unfair Means) Ordinance, 2024, Police Station - Talgaon, District - Sitapur, 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 which are being imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) 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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(iv) 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. 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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(v) 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 of the Indian Penal Code.

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(vi) 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, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code Order Date :- 13.9.2024/R.C.

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Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench

Gaurav Rajvanshi v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko.

Case brief

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Gaurav Rajvanshi v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko.

Case brief

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