In Chamber
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1179 of 2018 Applicant :- Shankar Prasad Kushwaha Opposite Party :- State Of U.P.
Counsel for Applicant :- Santosh Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Krishna Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State respondent.
It is contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case by the informant Tarkeshwar Modanwal due to enmity. Learned counsel further submits that neither the applicant has approached the informant nor he has taken any money in respect to send the informant and one another person in the foreign country. Learned counsel submits that the fact of the matter is that the co-accused Akash Kumar Kushwaha, son of the applicant, is living in Mumbai where the informant was also working and in between them some dispute was taken place and, thereafter, to extort the money from the applicant, he and his another son Pankaj Kumar Kushwaha have been roped in the present case. It is next contended that applicant is neither a previous convict nor there is chances of his fleeing away from the judicial process or of his tampering with the prosecution evidence. It is further contended that the applicant is in jail since 8.12.2017 and if he is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. vehemently opposed the prayer of bail.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Shanker Prasad Kushwaha be released on bail in Case Crime No. 497 of 2016, under Sections 419/420/406 IPC, P.S. Kasaya, District Kushinagar on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 23.2.2018 Shekhar