Rahul Kumar Singh v. State of U.P

Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53084 of 2023 Applicant :- Rahul Kumar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ranjay Kumar,Sr. Advocate Counsel for Opposite Party :- G.A.,A Kumar Srivastava Hon'ble Dr. Gautam Chowdhary,J.

¶1Heard Shri V. P. Srivastava, the learned Senior Advocate, assisted by Shri Ranjay Kumar, the learned counsel for the applicant, learned A.G.A for the State as well as Shri Anil Kumar Srivastava, the learned counsel for the informant and perused the record.

¶2It has been argued by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. Learned counsel further submits that the F.I.R. was lodged by the informant against the applicant and one other accused, alleging therein that her husband had taken money from both the accused and other persons and on account of their torturing her husband had committed suicide. Learned counsel for the applicant further submits that father of the deceased has also given an application in writing before the concerned police stating therein that his son had committed suicide but no allegation has been made therein against anyone. Learned counsel for the applicant further submits that deceased had taken a huge amount of money from several persons including the applicant. Learned counsel for the applicant further submits that the deceased had made video recording before his death in which he has stated that he has taken huge amount of money from several persons and they are compelling him for returning of their money. Learned counsel for the applicant further submits that in this video it has also been stated by the deceased that applicant got registered his land in his name forcibly of which there is no evidence on the record. Learned counsel for the applicant further submits that there is no evidence against the applicant that prior to the alleged occurrence he has abeted the deceased for returning of his money, thus, applicant has falsely been implicated in the case only on the basis of suspicion that deceased has taken money from the applicant. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 03.11.2023, having no criminal history.

¶3Per contra, learned A.G.A. as well as the learned counsel for the informant have opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence.

¶4After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail.

¶5Let applicant-Rahul Kumar Singh, involved in Case Crime No. 0591 of 2023, under Section 306 I.P.C. and Section 23 of U.P. Regulation of Money Laundering Act, 1976, Police Station Kotwali, District Ballia, be enlarged on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the 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 shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.

(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if 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 I.P.C.

(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 229-A IPC.

¶6The 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 in accordance with law.

¶7The bail application is allowed. Order Date :- 12.12.2023 Mustaqeem. High Court of Judicature at Allahabad