Allowed

Baladeen Kushwaha v. State of U.P.

Allahabad HC11 Sept 2019BAIL/16182/2019

Case brief

AI extract

What is this about?

An application for bail filed by Baladeen Kushwaha was allowed by the Hon'ble Court. The applicant was involved in a case under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986. The court granted bail subject to specific conditions to prevent tampering and encourage cooperation with the trial.

What did the court decide?

Relief granted: Release on bail on furnishing a personal bond and two reliable sureties to the satisfaction of the court.

Baladeen Kushwaha Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16182 of 2019

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Applicant :- Baladeen Kushwaha Opposite Party :- State Of U.P. Counsel for Applicant :- Anil Kumar Srivastava,Priyanka Devi,Ram Bahadur

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Counsel for Opposite Party :- G.A.

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Hon'ble Rajendra Kumar-IV,J.

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

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This bail application has been filed by the accused-applicant Baladeen Kushwaha, who is involved in Case Crime No. 131 of 2018, under Section 3(1) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Mahobkanth, District Mahoba.

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Learned counsel for the applicant submits that applicant has been falsely implicated in the present case for the purpose of harassment. False and fabricated prosecution story has been concocted by the police. He further submitted that in the gang chart seven cases are shown against the accused-applicant, in all the cases he has been released on bail. Applicant is in jail since 01.03.2019. It is further submitted that there is no possibility of the applicant fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Lastly, it is submitted that co-accused Kuldeep Tiwari and Mohan Singh Thakur have been granted bail by a co-ordinate Bench of this Court on 16.01.2019 and 18.12.2018 in Criminal Misc. Bail Application Nos.306 of 2019 and 47618 of 2018 respectively.

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Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant.

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Considering the facts and circumstances of the case and rival contention of learned counsel, without commenting upon the merit of the case, I am of the opinion that the applicant is entitled to be released on bail.

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Accordingly, bail application is allowed.

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Let applicant Baladeen Kushwaha be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties to the satisfaction of the court concerned subject to the following conditions:-

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The applicant shall not tamper with the evidence or threaten the witnesses.

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The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.

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During trial, he shall not indulge in any criminal activities.

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In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.

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Order Date :- 11.9.2019 I.A.Siddiqui

Baladeen Kushwaha v. State of U.P.

Case brief

What is this about?

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Baladeen Kushwaha v. State of U.P.

Case brief

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