Back
SAMIT GOPAL
Rajesh Kumar Gaur – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Samit Gopal, J.
List revised.
2. Heard Sri. Rajat Sonkar holding brief of Sri. Suresh Kumar Maurya, learned counsel for the applicant, Sri. Shree Krishna Tiwari, learned counsel for the State and perused the material on records.
3. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant-Rajesh Kumar Gaur, seeking enlargement on bail during trial in connection with Case Crime No.0002 of 2024, under Sections 7/7A, 12, 13(1)(b) and 13(2) of Prevention of Corruption Act, 1988 and Section 120B IPC, Police Station Anti Corruption, District Azamgarh.
4. As per the prosecution case on the complaint dated 3.2.2024 of Suraj Pratap, the complainant, FIR was lodged on 6.2.2024 against Umesh Kumar Yadav, Rajesh Kumar Gaur and Hitendra Krishna alleging therein that the complainant was falsely implicated in a case of which FIR dated 26.11.2023 was lodged as Case Crime No.546 of 2023, under Sections 323, 504, 506, 308, 34 IPC at Police Station Deogaon, District Azamgarh which was being investigated by Hitesh Krishna, the Circle Officer. Umesh Kumar Yadav who was the reader of Circle Officer, made a demand of bribe of Rs. 15,000/- for getting th
The court granted bail based on insufficient evidence of wrongdoing and the applicant's lack of authority in the alleged bribery case.
The main legal point established in the judgment is the presumption of innocence until proven guilty, the need to balance competing factors while granting bail, and the consideration of various princ....
Bail is a right under Article 21 of the Constitution, and the burden of proof lies on the prosecution to demonstrate the necessity of continued detention.
The absence of direct evidence of conspiracy and the applicant's clean antecedents justified the granting of bail under the Prevention of Corruption Act.
The court granted bail on the grounds of prolonged detention without trial and lack of evidence indicating tampering, emphasizing the right to a fair trial.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
