Raju Kushwaha v. State of U.P

Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43942 of 2023 Applicant :- Raju Kushwaha Opposite Party :- State of U.P. Counsel for Applicant :- Archana Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1Heard Sri Rajesh Kumar Singh, Advocate holding brief of Ms. Archana Singh, learned counsel for the applicant as well as Sri Yogesh Mishra, learned AGA for the State and perused the material placed on record.

¶2Applicant seeks bail in Case Crime No. 212 of 2023, under Sections 2 & 3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station GRP Allahabad, District Prayagraj, during the pendency of trial.

¶3It is argued by the learned counsel for the applicant that the prosecution under the Gangsters Act has been launched against the applicant on the basis of six criminal cases shown in the gang chart in which he has already been enlarged on bail by the court concerned. Criminal history of seven more cases has been assigned to the applicant which has been explained in the affidavit. He has been falsely implicated in the present case due to police rivalry. He is not a member of any gang. The applicant is not a previous convict. The applicant is languishing in jail since 03.06.2023 and in case, he is enlarged on bail, he will not misuse the liberty of bail.

¶4Per contra, learned A.G.A. has vehemently opposed the bail prayer of the applicant by contending that the applicant is a member of gang and habitual of committing crime. In case, the applicant is released on bail, he will again indulge in similar anti-social activities and will misuse the bail by extending threat and intimidation to the prosecution witnesses.

¶5Without expressing any opinion on the merits, the bail application is allowed. Let the applicant Raju Kushwaha involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :- i. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. ii. The applicant shall cooperate in the trial sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶6In 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. (Justice Krishan Pahal) Order Date :- 16.10.2023 Siddhant High Court of Judicature at Allahabad