Allowed

Subham Kushwaha v. State of U.P.

Allahabad HC7 Jun 2021BAIL/4598/2021

Case brief

AI extract

What is this about?

This is a bail application where the High Court allowed the applicant's release pending trial. The court accepted arguments regarding false implication and jail overcrowding due to the pandemic, granting bail on personal bond and sureties.

What did the court decide?

The applicant was released on bail on his personal bond and two sureties subject to specified conditions of appearance and verification.

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

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Court No. - 6

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4598 of 2021

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Applicant :- Subham Kushwaha Opposite Party :- State of U.P. Counsel for Applicant :- Irshad Ahmad Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Heard Sri Irshad Ahmad, learned counsel for the applicant and learned AGA for the State through video conferencing mode.

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A first information report was lodged against the applicant as Case Crime No.520 of 2019 at Police Station-Bhognipur, District-Ramabai Nagar on 12.10.2019 under Sections 380, 457 IPC.

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The bail application of the applicant was rejected by learned IInd Additional District & Sessions Judge/Special Judge, SC/ST (Prevention of Atrocities) Act / Ramabai Nagar/Kanpur Dehat on 11.11.2020.

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The applicant is in jail since 15.10.2019, pursuant to the said F.I.R.

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Sri Irshad Ahmad, learned counsel for the applicant contends that the applicant is not named in the F.I.R. False recovery has been shown from the applicant. There is no independent witnesses of the recovery. The applicant was named by the police authorities in a number similar cases with mala fide motive to harass him. Explaining the criminal history, Sri Irshad Ahmad, learned counsel for the applicant submits that almost eight cases were registered in the

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year 2019 and four cases were registered in a close proximity to this case and two cases pertained to the year 2015. The applicant has been falsely implicated in the aforesaid cases as well. Lastly it is submitted by Sri Irshad Ahmad, learned counsel for applicant that the applicant shall not abscond, and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.

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Learned A.G.A could not satisfactorily dispute the aforesaid submissions from the record.

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Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India) . These circumstances shall also be factored in while considering bail applications on behalf of accused persons.

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I see merit in the submissions of Sri Irshad Ahmad, learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Subham Kushwaha be released on bail in Case Crime No.520 of 2019 at Police StationBhognipur, District-Ramabai Nagar registered on 12.10.2019 under Sections 380, 457, 411 IPC, on his

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furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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(i) The applicant shall remain present before the trial court on each date fixed, either through his counsel or personally as and when directed by the learned trial court. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law.

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(ii) 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. (iii) In case, the applicant misuses the liberty of bail during trial, the trial in order to secure his presence may issue a proclamation under Section 82 Cr.P.C. In case the applicants fail 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.

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(iv) The party shall file computer generated copy of such order downloaded from the official website of

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High Court Allahabad.

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(v) The computer generated copy of such order shall be self attested by the counsel of the party concerned. (vi) 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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Order Date :- 7.6.2021 Ashish Tripathi

Subham Kushwaha v. State of U.P.

Case brief

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Subham Kushwaha v. State of U.P.

Case brief

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