Sanjeev Kumar Rayal vs. State Of U.P.
Held
The Court allowed the bail application of Sanjeev Kumar Rayal. The Court considered the facts and circumstances of the case, the submissions made by both learned counsel for the parties, and perused the material on record. The Court was of the view that the applicant is entitled to bail. The applicant was directed to be released on bail in Case Crime No. 232 of 2021, under Sections 341, 504, 323, 506, 364 A and 364 of IPC, Police Station Kaptanganj, District Basti, upon furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned. The bail was granted subject to specific conditions: the applicant shall not tamper with the prosecution evidence, shall not pressurize the prosecution witnesses, and shall appear on each and every date fixed by the trial court. The prosecution was given liberty to move for bail cancellation in case of breach of any of these conditions.
Facts
This case involves a bail application filed by Sanjeev Kumar Rayal, the applicant, who is accused in Case Crime No. 232 of 2021 under various sections of the Indian Penal Code (IPC). The FIR was lodged by a contractual driver of U.P.S.R.T.C., alleging that the applicant's car overtook his bus, causing damage, and subsequently, the applicant and two others forcibly took the driver in their car, demanding Rs. 25,000/-. The applicant claims the FIR is false, asserting the bus driver damaged his car and agreed to pay for it, requesting to be taken to Gorakhpur to settle the payment. The applicant has been in jail since September 27, 2021. He states he is a businessman with a GST-registered proprietorship concern, has no criminal history, and is innocent. The bail application also notes that two co-accused have already been granted bail.
Key Issues
1. Whether the applicant is entitled to be enlarged on bail in Case Crime No. 232 of 2021, under Sections 341, 504, 323, 506, 364-A and 364 of IPC, considering the allegations made in the FIR and the defense put forth by the applicant? (Question of mixed law and fact, concerning the interpretation and application of IPC sections and the evidence presented). Contentions: Petitioner (Applicant): The FIR is based on false allegations. The applicant claims the informant (bus driver) damaged his car through rash driving and agreed to pay for the damages, requesting to be taken to Gorakhpur to make the payment. The applicant has been in jail since September 27, 2021, is a businessman with no criminal history, and is innocent. Furthermore, two co-accused have already been granted bail by this Court. The applicant's proprietorship concern is registered for GST. Revenue (State): The learned A.G.A. opposed the bail prayer of the applicant.
Sections Cited
341, 504, 323, 506, 364-A, 364
AI-generated summary — verify with the full judgment below
Court No. - 76 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51631 of 2021 Applicant :- Sanjeev Kumar Rayal Opposite Party :- State of U.P.
Counsel for Applicant :- Ajay Kumar Srivastava,Dashrath Lal Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
Heard Sri Ajay Kumar Srivastava, learned counsel for the applicant and Sri Saurabh Srivastava, learned A.G.A. appearing for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 232 of 2021, under Sections 341, 504, 323, 506, 364-A and 364 of I.P.C., Police Station Kaptanganj, District Basti.
On 27-09-2021, an F.I.R. was lodged by a driver employed on contractual basis in U.P.S.R.T.C., alleging that a car wrongly overtook his bus rubbing its side with the bus. Thereafter the three persons sitting in the car stopped the bus and abused and hit the informant and forcibly made him to sit in the car. While taking him towards Gorakhpur, they demanded Rs.25,000/- from the informant. Some passenger sitting in the bus sent an information of the incident on 112 number and the police intercepted the car and thereafter the rep
The judgment continues below.
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