Allahabad High Court
Sushil Kumar Vishwakarma vs State Of U.P. on 8 September, 2020
Author: Vivek Kumar Singh
Bench: Vivek Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 76 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26761 of 2019 Applicant :- Sushil Kumar Vishwakarma Opposite Party :- State of U.P. Counsel for Applicant :- B.N.Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant, Sri Sanjay Singh, learned AGA-I, appearing for the State and perused the material brought on record.
It is contended that applicant is innocent and has been falsely implicated in the present case. It is further contended that if any misappropriation and forgery has been committed in the present case that has been committed by the members of the board of the directors of the alleged company and not by the applicant. The applicant has no criminal history except the present offence. The applicant is in jail since 11.05.2019.
Learned A.G.A. has vehemently opposed the prayer for bail.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let applicant- Sushil Kumar Vishwakarma be released on bail in Case Crime No. 432 of 2018, under Sections- 406/420 IPC, Police Station- Kotwali Mahoba, District- Mahoba, on furnishing a personal bond and two sureties of Rs. Two Lacs each (One should be of a family member), subject to following conditions:-
1. The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
Learned court below is directed to consider and conclude the trial of the present after hearing the parties and without granting any unnecessary adjournment to either the parties, preferably within a period of six months from the date of production of a certified copy of this order before him.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.
Order Date :- 8.9.2020 Arti