In criminal miscellaneous bail application under Section 439 Cr.P.C., the High Court allowed the applicant's request for bail during trial in connection with cases u/s 498 and 307 IPC.
Released on bail on personal bond and two sureties with specific conditions to prevent tampering with witnesses and ensure cooperation with the trial.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43002 of 2021
Applicant :- Shrawan Kumar Kushwaha Opposite Party :- State of U.P. Counsel for Applicant :- Yogesh Kumar Vaish Counsel for Opposite Party :- G.A.,Brij Gopal Singh
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
None appears on behalf of complainant.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during trial in connection with Case Crime No. 180 of 2021 under Sections 498 and 307 I.P.C. registered at P.S.Bisanda, District- Banda.
Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in this case. Applicant has not committed the alleged offence. Sweeping allegations have been made against the applicant in bald manner. True facts are that on the date of incident, injured called the applicant, thereafter, applicant went to the house of injured but when this fact came to the knowledge of complainant, he objected and beaten bitterly the injured for meeting with the applicant. Complainant pushed her into the dry well as a consequence thereupon injured sustained injuries. F.I.R. is vague and concocted one. Further submitted that the applicant is languishing in jail since 05.07.2021.
Per contra, learned A.G.A. opposed the prayer for bail.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of the accused and all other attending circumstances were duly considered.
Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case, particularly the injuries of the injured, without commenting upon merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant, Shrawan Kumar Kushwaha involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions:-
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.
Order Date :- 15.12.2021 A. Mandhani
2 issues framed by the court
Whether to grant bail to the applicant facing charges of cruelty and attempting to cause harm.
Whether the circumstances of the case warrant a change in bail status during the trial.
2 provisions across 2 enactments
Shrawan Kumar Kushwaha
Anil Kumar Ojha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
