Allahabad High Court
Kailash Kushwaha vs State Of U.P. on 31 July, 2019
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28465 of 2018 Applicant :- Kailash Kushwaha Opposite Party :- State Of U.P. Counsel for Applicant :- Anil Kumar Verma,Rakesh Kumar Pandey Counsel for Opposite Party :- G.A.,Fakhruzzaman Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Anil Kumar Verma, learned counsel for the applicant, Sri P.K. Shahi, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Kailash Kushwaha with a prayer to release him on bail in Case Crime No. 171 of 2013, under Sections 376, 323, 504, 506 & 120-B I.P.C., Police Station- Sipri Bazar, District- Jhansi, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is innocent and he has falsely been implicated in this very case crime number; occurrence was said to be of 15.05.2013 at 5:00 p.m., whereas report was got lodged on 11.07.2013, at about 16:20 p.m., that too after an application moved under Section 156(3) Cr.P.C. before Magistrate; this case crime number was investigated and final report was submitted; subsequently, under protest by informant this summoning was there, whereas prosecutrix herself has written a letter annexed at page 73 with affidavit that she has given a false statement and nothing has been said about the applicant in the said letter; subsequently, a further case was registered in which the accused-applicant was accused for offence of abatement to commit suicide, resulting suicide, wherein he has been enlarged on bail by a coordinate Bench of this Court vide order dated 07.08.2018, passed in Criminal Misc. Bail Application No. 29192 of 2018. It is next submitted that the co-accused- Narendra Ahirwar has been granted bail by another Bench of this Court vide order dated 24.04.2019 passed in Criminal Misc. Bail Application No. 42473 of 2018, copy of which order has been passed on to the Court today is kept on record and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is languishing in jail since 26.04.2018. The criminal history of the applicant has been explained in paragraph no. 34 of the affidavit accompanying the bail application.In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. and accused-applicant is of no criminal antecedents, hence bail has been prayed for.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Considering the material/evidence brought on record, the submissions made by the learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22, let the applicant involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above 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.
The trial Court is directed to expedite the trial of the present case and conclude the same within six months from the date of receipt of certified copy of this order, keeping in view the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India and another reported in AIR 2018 (SC) 2440, if there is no legal impediment.
Office is directed to transmit a certified copy of this order to the court concerned within a fortnight.
Order Date :- 31.7.2019 Priya