Allowed

Bhupendra Kushwah v. State of U.P. and Another

Allahabad HC6 May 2019CRLA/1744/2019

Case brief

AI extract

What is this about?

Criminal appeal against an order rejecting bail. The appellant claimed no specific role was assigned to him unlike a co-accused. The single judge allowed the appeal, set aside the impugned order, and released the appellant on bail.

What did the court decide?

Appellant released on bail by executing personal bond and furnishing two reliable sureties each in like amount subject to attendance at trial and not tampering with witnesses.

Bhupendra Kushwah Vs State of U.P. and Another — Caste Atrocities | Allahabad HC (2019)

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Court No. - 71

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Case :- CRIMINAL APPEAL No. - 1744 of 2019

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Appellant :- Bhupendra Kushwah Respondent :- State Of U.P. And Another Counsel for Appellant :- Satendra Singh Counsel for Respondent :- G.A.

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Hon'ble Ajit Singh,J.

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Despite service of notice, none is present on behalf of the respondent no.2.

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Heard Shri Satendra Singh learned counsel for the appellant, learned A.G.A. for the State and perused the material on record.

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This criminal appeal under Section 14 A(2) of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed challenging the order dated 04.12.2018 passed by learned IInd Additional Sessions Judge (ST/ST) Act, Firozabad in Criminal Misc. Bail Application No. 3277 of 2018 (Bhupendra Kushawah vs. State of U.P.) arising out of Case Crime no. 277 of 2017, under sections 147, 148, 149, 294, 504, 506, 452, 323, 307 & 427 I.P.C. and Section 3(1)R S & 3(2) 5 of SC/ST Act, P.S. Narkhi, District Firozabad.

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Learned counsel for the appellant submitted that the appellant is in jail since 18.3.2017 and no specific role has been assigned to the present accused appellant and all the accused persons have already been granted bail by another Bench of this Court vide order dated 3.5.2018 passed in Criminal Appeals Nos.4011/17 and 5790/17, copy of which has been annexed as Annexure-7. Further submission is that the appellant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. He also submitted that the incident is said to have taken place during night hours. Total number of accused implicated in this case are nine.

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Specific role is assigned to co-accused Satendra for causing injury to Sompal Singh and no specific role has been assigned to present accused, hence the appellant is entitled to be enlarged on bail.

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Per contra learned A.G.A. has opposed the prayer for bail. Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.

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In the result, the appeal succeeds and the same stands allowed. Impugned order dated 04.12.2018 passed by learned IInd Additional Sessions Judge (ST/ST) Act, Firozabad is hereby set aside.

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Let the applicant-appellant Bhupendra Kushwah be released on bail in the aforesaid case crime number on his executing a personal bond and furnishing two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-

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The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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

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Order Date :- 6.5.2019

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Bhupendra Kushwah v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Bhupendra Kushwah v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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