Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26256 of 2021 Applicant :- Abhishek Kushwaha Opposite Party :- State of U.P.
Counsel for Applicant :- Ran Jeet Singh,Chandra Jeet Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Re: Order on Exemption Application
Application is allowed.
The applicant is exempted from filing certified copy of first information report dated 16.04.2021.
Re: Order on Bail Application
Heard Sri Ranjeet Singh, learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application has been filed on behalf of the applicant seeking bail in Case Crime No. 60 of 2021, under Sections 147, 148, 149, 307, 332, 336, 353, 427, 504, 506 IPC and Section 7 Criminal Law Amendment Act, Police Station Samthar, District Jhansi, during pendency of trial.
It is contended by learned counsel for the applicant that the applicant is innocent and he has falsely been implicated in the present case. It is next contended that the applicant was not named in the first information report and his name was surfaced in the statement of eye witness Kamlesh Kumar and Ramendra Kumar. Nothing has been recovered from the possession of the applicant. It is next contended that co-accused Rahul Kushwaha, has already been enlarged on bail by the co-ordinate Bench of this Court vide order dated 10.08.2021 in Criminal Misc. Bail Application No. 27611 of 2021 and therefore, the applicant is also entitled for bail on the ground of parity. It is lastly contended that the applicant has criminal history of one case, which has been explained in paragraph 4 of the supplementary affidavit, in which he has been enlarged on bail. He is in jail since 17.04.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned AGA appearing for the State vehemently opposed the prayer for bail but could not dispute the aforesaid facts and legal submissions as argued by the learned counsel for the applicant.
Having heard submissions of learned counsel of both sides, considering nature of accusation, severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction in support of the charge, reformative theory of punishment, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, (2018) 3 SCC 22, without expressing any view on the merits of the case, I find it to be a case of bail.
Let the applicant- Abhishek Kushwaha involved in Case Crime No. 60 of 2021, under Sections 147, 148, 149, 307, 332, 336, 353, 427, 504, 506 IPC and Section 7 Criminal Law Amendment Act, Police Station Samthar, District Jhansi, 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, with the following conditions:
1. The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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.
Order Date :- 16.8.2021 Noman