Bharat Singh @ Rakesh Kumar Rawat vs State Of U.P.
2016 Latest Caselaw 7543 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

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Court No. - 13
 

 
Case :- BAIL No. - 7032 of 2016
 

 
Applicant :- Bharat Singh @ Rakesh Kumar Rawat
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Anurag.S.'Kaalesh'
 
Counsel for Opposite Party :- Govt.Advocate
 

 
Hon'ble Mahendra Dayal,J.

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

The applicant Bharat Singh @ Rakesh Kumar Rawat has sought bail in Case Crime No. 259 of 2015, under Sections 419, 420, 467, 468, 471 IPC, relating to Police Station Madiaon, Lucknow.

The contention of the learned counsel for the applicant is that the applicant has been falsely implicated in this case.  He is neither executor  nor purchaser in the sale deed.  He has also not signed the sale deed.  It has further been submitted that one Chandarika had executed the sale deed.  However, during the investigation it came into light that Chandarika had died much before but the applicant has no concern with the execution of the sale deed.  The photographs which are available on the sale deed, are not of the applicant. The applicant is in jail since 21.5.2016 without any criminal history.    The applicant is 90% disabled.

Learned A.G.A. has opposed the prayer for bail.

Upon hearing learned counsel for the parties, perusing the record and considering the facts and circumstances of the case, the nature of accusation made against the applicant, severity of punishment to be awarded in case of conviction and without commenting on the merits of the case, I find it a case of bail.

Let applicant named above be released on bail in the aforesaid Case Crime Number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

(iii) The applicant will not indulge in any unlawful activities.

(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

Order Date :- 14.12.2016

Muk