Allowed

Mahesh Kashyap v. State of U.P.

Allahabad HC30 Sept 2020BAIL/28910/2020

Case brief

AI extract

What is this about?

The High Court allowed a criminal bail application filed by Mahesh Kashyap in Case Crime No. 599 of 2019. Granting bail based on parity with a co-accused already released, the court imposed six specific conditions, including the requirement to execute the order via the official website once courts resume normal functioning.

What did the court decide?

The applicant was granted bail on the furnishing of a personal bond and two sureties, subject to six specific conditions including cooperation in the trial and a specific method of releasing the order

Mahesh Kashyap Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28910 of 2020

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Applicant :- Mahesh Kashyap Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Dwivedi,Bipin Pal Singh Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant and learned AGA for the State.

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Order on Criminal Misc. Exemption Application

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This exemption application is allowed.

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Order on Criminal Misc. Bail Application

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The instant bail application has been filed on behalf of the applicant, Mahesh Kashyap, with a prayer to release him on bail in Case Crime No. 599 of 2019, under Sections 420, 467, 468, 471, 504 I.P.C, Police Station - Faridpur, District- Bareilly, during pendency of trial.

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Learned counsel for the applicant has contended that the co-accused, Heeralal Kashyap, has been granted bail by this Court on 09.9.2020 in Criminal Misc. Bail Application No.21518 of 2020. The case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is languishing in jail since 10.3.2020.

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Learned AGA has opposed the prayer for bail, but does not dispute the claim of parity.

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Let the applicant involved in aforesaid case be released on bail on furnishing a personal bond and two sureties 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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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely

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without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

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The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored. In case court below is functioning normally, this condition will not apply and applicant shall be enlarged on bail on execution of bail bond and two sureties to the satisfaction of the court below.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 30.9.2020 Ruchi Agrahari

Mahesh Kashyap v. State of U.P.

Case brief

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Mahesh Kashyap v. State of U.P.

Case brief

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