Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45688 of 2021 Applicant :- Chandan Kushwaha Opposite Party :- State of U.P.
Counsel for Applicant :- Ashok Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A and gone through the record.
This bail application has been moved on behalf of accused-applicant- Chandan Kushwaha, who is involved in case crime no. 146 of 2021 under Sections 379, 411 I.P.C., Police Station- Zamaniya, District- Ghazipur.
Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the case; that on 27.6.2021 a FIR/ recovery memo was prepared/ registered against the applicant and other four accused persons which was registered as Case Crime No. 173 of 2021 under Sections 41, 411, 413, 414, 419, 420, 467, 468, 468 I.P.C. with regard to the occurrence dated 26.6.2021 and in the said recovery there is no pubic witness; that after false implication of the applicant in case crime no. 173 of 2021, involved the applicant in two other cases, one is present case and another is case crime no. 08 of 2021 under Section 379, 411 I.P.C. It is lastly contended that the accused applicant is languishing in jail since 28.06.2021 and in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial and thus, the applicant is entitled for indulgence.
Learned A.G.A has opposed the prayer for bail.
Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case, the accused applicant is entitled for bail.
Let the above mentioned applicant involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence, shall cooperate in the investigation or trial and will not indulge in any criminal activity or commission of any crime after being released on bail.
2. In case of breach of any of the conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 20.12.2021//Fhd