Allowed

Vinod Kushwaha v. State of U.P.

Allahabad HC13 Apr 2018BAIL/39181/2016

Case brief

AI extract

What is this about?

In this Criminal Misc. Bail Application, the Hon'ble Court granted bail to the applicant, Vinod Kushwaha, charged under Section 302 IPC. The court held that the case was based on suspicion with no cogent evidence connecting the applicant to the crime, noting the recovery of an axe was at an open place.

What did the court decide?

The applicant is released on bail on furnishing a personal bond of Rs. 1 Lakh and two heavy sureties, subject to conditions regarding presence in court and avoiding adjournments.

Vinod Kushwaha Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2018)

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Court No. - 1

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39181 of 2016

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Applicant :- Vinod Kushwaha Opposite Party :- State Of U.P. Counsel for Applicant :- Mukesh Kumar Pandey,Krishna Datta Tiwari,Vaibhav Prakash Counsel for Opposite Party :- G.A.

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Hon'ble Ramesh Sinha,J.

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Heard Sri Vaibhav Prakash, learned counsel for the applicant, Sri Ashish Pandey, learned A.G.A. for the State and perused the record.

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It has been contended by learned counsel for the applicant that it is apparent from perusal of the F.I.R. that the F.I.R. has been lodged on account of suspicion. There is no cogent evidence against the applicant to connect him with the present crime. When the applicant was arrested on 10.7.2016 at his pointing out, recovery of one small axe was shown from an open place, which is a false one. There is no previous criminal history of the applicant. The applicant is in jail since 10.7.2016.

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Learned AGA opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.

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Let the applicant Vinod Kushwaha, involved in Case Crime No. 379 of 2016, under Section 302 I.P.C., P.S. Kasya, District Kushinagar be released on bail on furnishing a personal bond of Rs. 1 Lakh and two heavy sureties (one should be of family members) each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case

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of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. Order Date :- 13.4.2018 A.K.Srivastava

Vinod Kushwaha v. State of U.P.

Case brief

What is this about?

What did the court decide?

Vinod 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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