2019 Supreme(All) 2563

IN THE HIGH COURT OF ALLAHABAD
KARUNA NAND BAJPAYEE, J.
Arvind Rajak @ Vasu – Appellant
Versus
State of U.P. – Respondent
Criminal Misc. Bail Application No. 32155 of 2019
Decided On : 12-09-2019

Point of law: recognized considerations germane on the point to decide whether an accused ought to be released on bail or not also includes the probability of the accused absconding or fleeing from the course of justice, if released on bail. His character, behaviour, means, position and standing in the society are also relevant. The likelihood of the offence being repeated has also been recognized by the Hon'ble Apex Court as a relevant consideration. The enormous recoveries of gold and silver articles and also that of cash at the instance of applicant cannot be said to be either frivolous or planted at least at this stage. It is not difficult to see that the involvement of applicant in different criminal offences over a period of time speaks about the delinquency and depraved nature of the offender and in the considered opinion of this Court with such long criminal history in the background, it does not appear judicially prudent to release the applicant on bail.

Headnote:

Penal Code, 1860– Sections 457, 380, 411 – Bail Application –

Facts of the case:

This is the second bail application filed on behalf of applicant Arvind Rajak @ Vasu seeking his release on bail in Case Crime, u/s. 457, 380, 411 I.P.C. Police Station-Kakadev, District-Kanpur Nagar – First bail application of the applicant was rejected by this Court vide order –

Finding of the court:

Accused appears to be a menace to the society and a peril overhanging all the citizens who ceaselessly toil to earn an honest living. – Recognized considerations germane on the point to decide whether an accused ought to be released on bail or not also includes the probability of the accused absconding or fleeing from the course of justice, if released on bail. – His character, behaviour, means, position and standing in the society are also relevant. – Likelihood of the offence being repeated has also been recognized by the Hon'ble Apex Court as a relevant consideration. – Enormous recoveries of gold and silver articles and also that of cash at the instance of applicant cannot be said to be either frivolous or planted at least at this stage. – It is not difficult to see that the involvement of applicant in different criminal offences over a period of time speaks about the delinquency and depraved nature of the offender and in the considered opinion of this Court with such long criminal history in the background, it does not appear judicially prudent to release the applicant on bail. – Court does not see any good fresh ground to take a different view in the matter than the one that has already been taken by this Court earlier. –

Result: Second Bail Application Dismissed