Gajendra Kushwaha v. State of U.P. and 3 Others

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43517 of 2023 Applicant :- Gajendra Kushwaha Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Nand Kishor Mishra,Saurabh Srivastava Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Despite sufficient service, none has appeared on behalf of the inforant.

¶2Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the records.

¶3The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 296 of 2023, under Sections 363 I.P.C. and Section 11 (4) 12 POCSO Act, Police Station-Kotwali Mahoba, District-Mahoba, during pendency of the trial.

¶4Counsel for the applicant submit that the applicant has been falsely implicated in the instant case. The applicant has neither enticed away nor committed any crime against the victim. In the statements recorded under Section 161 and 164 Cr.P.C. the victim has not leveled any allegation against the applicant. The applicant has no criminal history, he is in jail since 10.09.2023, in case, he is enlarged on bail, he will not misuse the said liberty.

¶5Learned counsel for the informant as well as learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶6Having regard to the submissions made above and the fact that the applicant has remained confined for four months and after submission of the charge-sheet 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 the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶7Let the applicant, Gajendra Kushwaha, involved in the aforesaid case be released on bail on his furnishing a personal bond and two 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; 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 :- 29.11.2023 S.Verma High Court of Judicature at Allahabad