# Rahul v. State of U.P. Opp. Party - **Citation:** (2021) 6 ILRA 17 - **Court:** High Court of Judicature at Allahabad - **Decided:** 2021-06-10 - **Case number:** Crl. Misc. Bail Application No. 12961 of 2021 - **Bench:** Shamim Ahmed - **Source:** https://unisonlegal.in/judgment/allahabad-high-court/rahul-v-state-of-u-p-opp-party-47014 - **Pages:** 2 ## Headnote (a) Bail - In view of the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, the applicant may be enlarged on bail. (Para 8) Application Allowed. (E-8) List of Cases cited:- ## Text 6 All. Rahul Vs. State of U.P. 17 clause 2 of this judgement, this anticipatory bail application deserves to be rejected. 49) It is accordingly, rejected. ---------- (2021)06ILR A17 APPELLATE JURISDICTION CRIMINAL SIDE DATED: ALLAHABAD 10.06.2021 BEFORE THE HON'BLE SHAMIM AHMED, J. Crl. Misc. Bail Application No. 12961 of 2021 Rahul ...Applicant Versus State of U.P. ...Opp. Party Counsel for the Applicant: Sri Dhiraj Kumar Pandey Counsel for the Opp. Party: A.G.A., Sri Shailesh Kumar Shukla (a) Bail - In view of the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, the applicant may be enlarged on bail. (Para 8) Application Allowed. (E-8) List of Cases cited:- 1. Dataram Singh Vs St.of U.P. & anr. (2018) 3 SCC 22 (Delivered by Hon'ble Shamim Ahmed, J.) 1. The Court convened through video conferencing. 2. Heard learned counsel for the applicant, learned A.G.A. appearing for the State and perused the record. 3. Applicant has moved the present bail application seeking bail in Case Crime No. 560 of 2019 under sections 147, 148, 149, 294, 307, 323, 324, 504, 506 I.P.C., police station Deoband, District Saharanpur. 4. It is submitted by the learned counsel for the applicant that the applicant is an innocent person. He has been falsely implicated in the present case. It is further submitted that there are cross version of incident registered by both the parties. No specific allegation has been assigned against the applicant. In the incident both sides have received injuries and at this stage it cannot be ascertain which party was the aggressor. 5. Learned counsel for the applicant further submits that co-accused Vinod Kumar, Ramesh, Ravindra @ Binder and Vipin have already been granted bail by this Court vide orders dated 27.09.2019, 18.12.2020, 11.01.2021 and 25.03.2021 passed in Criminal Misc. Bail Application Nos. 38960 of 2019, 47066 of 2020, 47328 of 2020 and 13.110 of 2021 respectively. Submission is that the case of the applicant is not on worse footing than that of co-accused who has already been released on bail, and therefore, on principles of parity also the applicant should be released on bail. 6. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has 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 18 INDIAN LAW REPORTS ALLAHABAD SERIES impose upon him. It has also been pointed out that the accused is not having any criminal history and he is in jail since 03.02.2021 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. 7. Learned A.G.A. opposed the prayer for bail. 8. After 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, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence and larger mandate of the Article 21 of the Constitution of India and the law laid down by the Hon'ble Apex Court in the case of Dataram Singh vs. State of UP and another, reported in (2018) 3 SCC 22, this Court is of the view that the applicant may be enlarged on bail. 9. The prayer for bail is granted. The application is allowed. 10. Let the applicant Rahul involved in Case Crime No. 560 of 2019 under sections 147, 148, 149, 294, 307, 323, 324, 504, 506 I.P.C., police station Deoband, District Saharanpur be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :- (1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever. (2) The applicant will personally appear on each and every date fixed in the court below and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice. (3) The applicant shall cooperate in the trial sincerely without seeking any adjournment. (4) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. (5)The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad or certified copy issued from the Registry of the High Court, Allahabad. (6) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing 11. It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail. 12. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case. ---------- (2021)06ILR A18 APPELLATE JURISDICTION CRIMINAL SIDE DATED: ALLAHABAD 19.03.2021 BEFORE THE HON'BLE RAHUL CHATURVEDI, J. Crl. Misc. Bail Application No 14323 of 2021 With Crl. Misc. Bail Appl. Nos. 15138 of 2021, 15101 of 2021 & 15110 of 2021