Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45428 of 2018 Applicant :- Ashwani Kumar @ Ashu Opposite Party :- State Of U.P.
Counsel for Applicant :- Jai Prakash Singh Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and the three counsels engaged by the informant, Pramila Tiwari, Pawnesh Tiwari and Prabhat Chandra Mishra.
While describing at length, the genesis and origin of this case, it has been claimed that the applicant happens to be the son of the main accused - Manoj Kumar, who is stated to have actively managed things in order to get adjudication of juvenility in favour of the applicant, while the applicant was in jail. There is no specific direct evidence that the applicant ever entered into any transaction for obtaining adjudication of juvenility from the court concerned. Fabrication of false papers is absolutely denied. The main accused can be stated to be the father of the applicant, for which the son, the present applicant, cannot be blamed. The applicant promises that in case, he is admitted to bail, there is no possibility of absconding or misusing the liberty of bail and he shall co-operate in the ongoing trial. The applicant is languishing in jail since 3.6.2008.
Learned counsel for the informant has submitted that in this case, the conduct of the accused has not been fair and a report from the jail has been sent that whenever, he enters into jail after attending the court proceeding he comes along with illegal things, however, the illegal things have not been described.
Learned A.G.A. has opposed the prayer for bail.
Considered the submission so raised and also considered fact that at the time when the participation of the father of the applicant was to arrange the material for declaration of juveneility of the applicant was made, the applicant was in jail.
In view of above, fit case for bail is made out.
Let the applicant - Ashwani Kumar @ Ashu involved in Case Crime No.273 of 2011, under Sections - 419, 420, 467, 468, 471 I.P.C., Police Station - Manjhanpur, District - Kaushambi be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 28.11.2018/S Rawat