Allowed

Layak Singh Kushwah v. State of U.P.

Allahabad HC15 Mar 2019BAIL/3751/2019

Case brief

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What is this about?

Court granted bail to applicant Layak Singh Kushwah implicating in cow-tipping charge under Electricity Act Relies on Apex Court ruling without merits discussion imposes bond plus conditions ensures no tampering absence of flight risk fulfills bail requirements. Order issued 15.3.2019.

What did the court decide?

Release on bail with personal bond and two sureties subject to conduct conditions including cooperation trial and no tampering evidence.

Layak Singh Kushwah Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3751 of 2019

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Applicant :- Layak Singh Kushwah Opposite Party :- State Of U.P. Counsel for Applicant :- Aklank Kumar Jain Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Aklank Kumar Jain, learned counsel for the applicant, Sri Abhinav Prasad, learned AGA for the State and perused the material brought on record.

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The submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that applicant is not named in the first information report nor any test identification parade conducted till today. It is also submitted that applicant has not committed the present offence while he has been implicated in the other offences which has been previously registered in the different police station relates to section 136 of the Electricity Act. There is no public witness who support the prosecution version. Criminal history of the applicant has properly been explained in para 9 to the affidavit filed in support of bail application. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. Further submission is that applicant is in jail since 25.09.2018 and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.

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Learned A.G.A. has vehemently opposed the prayer.

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Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.

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Let applicant Layak Singh Kushwah be released on bail in Case Crime No. 133 of 2018, under Sections 136(1)(A) of the Electricity Act, Police Station- Phariha, District- Firozabad on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned,

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subject to following conditions:-

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(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed after release. (ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Order Date :- 15.3.2019 Arti

Layak Singh Kushwah v. State of U.P.

Case brief

What is this about?

What did the court decide?

Layak Singh Kushwah v. State of U.P.

Case brief

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