Mahendra Kushwaha v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41474 of 2023 Applicant :- Mahendra Kushwaha Opposite Party :- State of U.P. Counsel for Applicant :- Shiv Babu Dubey Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard Sri Shiv Babu Dubey, learned counsel for the applicant, learned AGA for the State and perused the record.

¶2By means of the present bail application, the applicant seeks bail in Case Crime No.0091 of 2020, under Section 2/3 of UP Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Madawara, District Lalitpur, 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 two cases shown in the gang chart in which he has been enlarged on bail. He has been falsely implicated in the present case due to police rivalry. He is not the member of any gang. It is further contended that there is criminal history of two more cases, which has been explained in paragraph-10 and 11 of the bail application. There is no likelihood of his abscondence or tampering with the evidence. The applicant is languishing in jail since 28.07.2023. In case the applicant is released on bail, he will not misuse the said liberty.

¶4Learned AGA opposed the prayer for bail but has not disputed the aforesaid submissions of learned counsel for the applicant.

¶5Having regard to the facts, circumstances and the submissions made but without commenting on the merits of the case, this Court is of opinion that the applicant is entitled to be enlarged on bail. Accordingly, the bail application is allowed.

¶6Let the applicant - Mahendra Kushwaha, involved in the aforesaid case 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 subject to the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses.

¶7In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 19.10.2023 Shahroz High Court of Judicature at Allahabad