Allowed

Rajesh Kushwaha Alias Rakesh Kushwaha v. State of U.P.

Allahabad HC27 Nov 2018BAIL/19009/2018

Case brief

AI extract

What is this about?

This judgment grants bail to the applicant, Rajesh Kushwaha, who was accused of dacoity with murder. The court, noting the length of custody and lack of direct evidence against him, ruled it a fit case for bail while imposing standard conditions.

What did the court decide?

Application allowed; applicant released on bail on furnishing a personal bond and two sureties subject to specified conditions of behavior.

Rajesh Kushwaha Alias Rakesh Kushwaha Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 50

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19009 of 2018

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Applicant :- Rajesh Kushwaha Alias Rakesh Kushwaha Opposite Party :- State Of U.P. Counsel for Applicant :- Narayan Singh(Kushwaha) Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

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According to prosecution case, the F.I.R. was lodged against 5- 6 unknown persons alleging that on 5.10.2017 in the house of the complainant at 8-00 p.m. night they looted Rs.80 lac, one kg. silver and 250 gms gold and they have also assaulted Shila Devi and Devendra Singh. Shila Devi died. Subsequently, four persons were arrested in Police encounter case, namely Jai Prakash @ J.P. @ Pintu, Kailash Dhobi, Govind and Charan Singh. Some country made pistols and other materials were recovered and they have stated in their confessional statements before the Police that Rakesh Bavariya, Rajesh Kushwaha, Abid, Ramawatar Kumhar, Ramvir, Gayaram Bavariya, Lalla Bavariya, Sunil and Kalicharan were also indulged in this incident.

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Learned counsel for the applicant submitted that the applicant is languishing in jail sine 11.11.2017 (more than one year and half month); three cases of criminal history have been explained and the applicant is on bail; the applicant is innocent and has been falsely implicated in the present case; he is not named in the F.I.R.; the name of the applicant was disclosed in the confessional statement of co-accused-Jai Prakash @ J.P. and Kailash Dhobi before the Police personnel; there is no legal evidence against the applicant; no recovery was made on the pointing out of the applicant or from possession of the applicant; there is no independent witness and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Learned A.G.A. as well as counsel for the complainant opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.

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Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for

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bail. Hence, the bail application is hereby allowed.

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Let the applicant Rajesh Kushwaha Alias Rakesh Kushwaha involved in Case Crime No. 513 of 2017, under Section 396, 412 IPC, Police Station-Jasrana, District-Firozabad be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

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The applicant will not tamper with the evidence during the trial.

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2.The applicant will not pressurize/ intimidate the prosecution witness.

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3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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4.The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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5.The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Order Date :- 27.11.2018 OP

Rajesh Kushwaha Alias Rakesh Kushwaha v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rajesh Kushwaha Alias Rakesh Kushwaha v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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