Rajiv Jindal Vs. The State of U.P. – Supreme Court

(2024) taxcode.in 26 SC

IN THE SUPREME COURT OF INDIA

Rajiv Jindal
v.
The State of U.P.

Criminal Appeal Nos. 4410 – 4412/2024 (@ Special Leave Petition (Crl.) Nos.13548-13550/2024) with SLP(Crl) No. 13751/2024 with SLP(Crl) No. 14213-14215/2024 with SLP(Crl) No. 14232-14234/2024 with SLP(Crl) No. 13734/2024 with SLP(Crl) No. 13789/2024
Decided on 25-Oct-24

Mr. Justice Abhay S. Oka and Mr. Justice Augustine George Masih

Add. Info:

Impugned Order: Rajiv Jindal v. State of U.P., (2024) taxcode.in 164 HC

Judgment/Order:

O R D E R

1. Leave granted.

2. It is not in dispute that all the offences alleged against the appellants are Magistrate triable offences. Charge-sheet has been filed. Moreover, in the counter, antecedents of the appellants have not been pleaded.

3. Learned AAG appearing for the Government of Uttar Pradesh expresses apprehension that considering the huge amount involved in the scam subject matter of the offence, if the appellants are enlarged on bail, there is a likelihood they tempering with the prosecution witnesses.

4. In absence of any antecedents and considering the fact that the case is triable by the Court of Learned Magistrate, there is no reason to deny bail. Hence, the Appeals are allowed.

5. Accordingly, we direct that the appellants shall be produced before the Trial Court within a maximum period of one week from today. The Trial Court shall enlarge the appellants on bail on appropriate terms and conditions. However, the Trial Court shall hear the Public Prosecutor before finalising the terms and conditions. It will be open for the Trial Court to impose appropriate stringent terms and conditions.

6. Pending applications stand disposed of.

……………………..J.
(ABHAY S.OKA)

……………………..J.
(AUGUSTINE GEORGE MASIH)

NEW DELHI;
OCTOBER 25, 2024.

Original judgment copy is available here.