Setti@ Mahesh Kushwaha v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51160 of 2023 Applicant :- Setti @ Mahesh Kushwaha Opposite Party :- State of U.P. Counsel for Applicant :- Jaysingh Yadav,Anju Yadav Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Supplementary affidavit filed on behalf of the applicant is taken on record.

¶2Heard Sri Jaysingh Yadav, learned counsel for the applicant, learned AGA for the State and perused the record.

¶3The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No.754 of 2021, under Section 2/3 of the UP Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Kotwali, District Lalitpur, during the pendency of trial.

¶4It 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 one case shown in the gang chart in which he has been enlarged on bail which has been explained in paragraph-8 of the affidavit filed in support of the bail application. It is further contended that apart from the cases shown in the gang chart, there are criminal history of one more case against the applicant which has also been explained in paragraph-9 of the said affidavit. The applicant has been falsely implicated in this case due to police rivalry. He is not the member of any gang. It is also contended that the co-accused, Mohit has already been enlarged on bail by a co-ordinate Bench of this Court vide order dated 22.09.2022 passed in Criminal Misc. Bail Application No.40811 of 2022, therefore, he claims parity with the aforesaid co-accused. There is no independent witness against him. There is no likelihood of his abscondence or tampering with the evidence. The applicant is languishing in jail since 23.07.2021. In case the applicant is released on bail, he will not misuse the said liberty.

¶5Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions advanced by the counsel for the applicant.

¶6Having regard to the facts, circumstances and the submissions made but without commenting on 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.

¶7Let the applicant - Setti @ Mahesh 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.

¶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 :- 12.12.2023 Shahroz High Court of Judicature at Allahabad