Allahabad High Court
Pushpendra Chaturvedi vs State Of U.P. on 15 June, 2020
Author: Rajeev Singh
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 11 Case :- BAIL No. - 775 of 2020 Applicant :- Pushpendra Chaturvedi Opposite Party :- State of U.P. Counsel for Applicant :- Dadu Ram Shukla (D.R. Shu,Manoj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No.872 of 2019, under Section 295-A, 298, 505(2) I.P.C. r/w Section 66(F) of the Information Technology Act, 2000, Police Station Kotwali Nagar, District Faizabad, with the prayer to enlarge him on bail.
The submissions of learned counsel for the applicant is that the applicant is an innocent person and has been falsely implicated in the case, he is having no previous criminal history and in jail since 18.11.2019. It is further submitted on behalf of the applicant that the applicant has completed the course of Diploma in Mechanical Engineering and he is preparing to get a job. He further submitted that the complainant as well as applicant belongs to the same place and due to enimity, the complainant being a police personnel, falsely implicated the applicant. He further submitted that all offences are triable by Magistrate and punishments under all the offences are upto 3 years/fine or both and he undertakes that in future, he will not involve in any illegal activity, and is ready to co-operate in the proceeding of trial court. Therefore, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for grant of bail to the applicant and submitted that the applicant tried to distrub the peace in the society by uploading the video on Youtube containing the alleged news in respect of Ram Janam Bhumi/Babri Masjid but he conceded the fact that all the offences are triable by Magistrate and punishments in all the offences are upto 3 years/fine or both.
Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicantPushpendra Chaturvedi be released on bail in the aforesaid Case Crime on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 15.6.2020 S. Shivhare