Allowed

Vimak Kushwaha v. State of U.P.

Allahabad HC13 Dec 2021BAIL/44955/2020

Case brief

AI extract

What is this about?

The Court allowed a second bail application filed by Vimal Kushwaha, noting changed circumstances including co-accused being on bail and incomplete prosecution examination, granting bail subject to strict conditions for court appearance and cooperation.

What did the court decide?

Respondent let out on bail on furnishing personal bond with two sureties each subject to conditions of attendance and cooperation.

Vimak Kushwaha Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

¶1

Court No. - 51

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44955 of 2020

¶3

Applicant :- Vimal Kushwaha Opposite Party :- State of U.P. Counsel for Applicant :- Dheeraj Kumar Dwivedi,B.N.Singh,Manish Kumar Singh Counsel for Opposite Party :- G.A.

¶4

Hon'ble Suneet Kumar,J.

¶5

This is second bail application. The first bail application came to be rejected by this Court vide order dated 18.02.2020.

¶6

Heard learned counsel for the applicant and learned A.G.A. appearing for the State.

¶7

The changed circumstances in filing the instant application is that all the co-accused have been enlarged on bail; only one witness (P.W.-1) till date has been examined despite expedite order passed by this Court. It is submitted that P.W.-1 has not supported the prosecution version and recovery of spurious liquor from the shop of the applicant has not been made; prior to the instant case applicant has no criminal antecedent; he is languishing in jail since 15.03.2019; the trial is not likely to be concluded, expeditiously, in near future. Applicant undertakes to cooperate with the trial and not seek unnecessary adjournments except with leave of the court; he further undertakes that if enlarged on bail, he will never misuse his liberty and will co-operate in the trial.

¶8

Learned A.G.A. opposed the prayer for bail.

¶9

Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.

¶10

Let the applicant, Vimal Kushwaha , involved in Case Crime No. 224 of 2019, under sections 272, 304 I.P.C. and section 60A Excise Act, Police Station Ghatampur, District Kanpur Dehat, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

¶11

(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

¶12

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

¶13

(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

¶14

(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

¶15

Order Date :- 13.12.2021 K.K. Maurya

Vimak Kushwaha v. State of U.P.

Case brief

What is this about?

What did the court decide?

Vimak Kushwaha v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sudhakar Mishra Vs Narcotics Control Bureau U.P. Lucknow

Amit Jaiswal Vs State of Up

Pintu @ Ajeet @ Kailash Vs State of U.P.

Roshan Vs State of U.P.

Ramakant Chauhan Vs State of U.P.

Sheshveer Jatav Vs State of U.P.