Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40123 of 2019 Applicant :- Virendra @ Viru Kushwaha Opposite Party :- State Of U.P.
Counsel for Applicant :- Awadhesh Kumar Shukla,Sri Indra Kumar Chaturvedi,Senior Adv.
Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by Sri Vijay Kumar Kushwaha, Advocate on behalf of complainant is taken on record.
Heard Sri I.K. Chaturvedi, learned Senior Advocate assisted by Sri Awadhesh Kumar Shukla, learned counsel for the applicant, learned counsel for the complainant as well as Sri Mayank Mishra, learned brief holder for the State and perused the record.
It is submitted by learned counsel for the applicant that F.I.R. was lodged against three accused persons namely, Arvind Kushwaha, Brijendra Kushawaha, Virendra @ Viru Kushwaha. After investigation by Investigating Officer, final report/closer report was submitted against them. Later on, vide order dated 22.10.2018 accused Arvind Kushwaha, Brijendra Kushawaha, Virendra @ Viru Kushwaha were summoned under Section 319 Cr.P.C. for the offence under Section 302, 307 IPC on the basis of statement of P.W.1 Jitendra Kushwaha. The applicant is innocent and has been falsely implicated in the present case. There are general allegations against the applicant. There is no independent witness and no legal evidence against the applicant. Applicant was summoned without giving opportunity of hearing as well as cross-examination of witnesses. All other charge sheeted accused persons have already been granted bail. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 16.7.2019 (near about two and half months) criminal history of fourteen cases has been properly explained and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned counsel for the complainant opposed the prayer for bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that criminal history of applicant has been properly explained.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant Virendra @ Viru Kushwaha involved in Case Crime No. 856 of 2007, Sections 302, 307 IPC, Police Station Sipri Bazar, District Jhansi be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 27.9.2019 A. Singh