Shambhu Kushwaha v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49212 of 2023 Applicant :- Shambhu Kushwaha Opposite Party :- State of U.P. Counsel for Applicant :- Azad Khan,Amit Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Supplementary affidavit filed by counsel for the applicant is taken on record.

¶2Heard counsel for the applicant and Sri Anupam Anand, learned brief holder for the State.

¶3The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 169 of 2023, under Section 307 of I.P.C., Police Station-Kurara, District-Hamirpur during pendency of the trial.

¶4Counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The intention of the applicant was only to evade the arrest by the Police and he fired only to frighten the Police, however, the shot hit the injured on the left arm. The alleged viral video was not recovered by the investigating officer. The criminal history of the applicant has been explained in para no. 3 of the supplementary affidavit. The applicant is in jail since 15.05.2023. In case he is enlarged on bail, he will not misuse the said liberty.

¶5Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid facts from the record.

¶6Having heard learned counsel for the parties and having perused the record this Court prima facie finds that the injured received injury on his left arm. At this stage, it cannot be said that the applicant had any intent to murder him. Further, the applicant has remained confined for more than six months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶7Let the applicant, Shambhu Kushwaha, involved in the aforesaid case be released on bail on his furnishing a personal bond and two heavy sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not temper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; and, iii. the applicant shall appear on each and every date fixed by the trial court.

¶8In 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 :- 28.11.2023 Sachin Mishra High Court of Judicature at Allahabad