Allowed

Anil Kushwaha v. State of U.P.

Allahabad HC28 Jan 2021BAIL/46589/2020

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application filed by Anil Kushwaha against the State of U.P. in a cheating case. The court, considering the grant of bail to a co-accused, allowed the applicant's bail application by directing him to furnish a personal bond and two local sureties, subject to specific conditions regarding appearance and witness tampering.

What did the court decide?

Released on bail upon furnishing a personal bond and two local sureties, subject to conditions regarding witness tampering and court attendance.

Anil Kushwaha Vs State of U.P. — Cheating and Forgery | Allahabad HC (2021)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46589 of 2020

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Applicant :- Anil Kushwaha Opposite Party :- State of U.P. Counsel for Applicant :- Love Lesh Kumar Verma Counsel for Opposite Party :- G.A.

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Hon'ble Ali Zamin,J.

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Supplementary affidavit filed on behalf of applicant and counter affidavit filed on behalf of State, which are taken on record.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 603 of 2020, under Sections 420, 467, 468, 471, 188, 269 IPC & 66/71 of Information & Technology Act, Police Station Kotwali Orai, District Jalaun.

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Learned counsel for the applicant submits that according to the FIR, during CORONA period, applicant was running a call centre and used to fill forms through internet. He further submits that the co-accused Ram Kishore @ Aman has been already granted bail by this Court vide order dated 18.01.2021 in Criminal Misc. Bail Application No.44735 of 2020, therefore, the applicant is also entitled for bail on the ground of parity. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that the applicant is languishing in jail since 31.08.2020.

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Per contra, learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid facts.

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Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties and also perusing the material on record, enlargement of co-accused on bail, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Anil Kushwaha involved in aforesaid case crime be released on bail on his/her furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-

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(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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.

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(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.

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(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.

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(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.

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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. 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 :- 28.1.2021 Jitendra

Anil Kushwaha v. State of U.P.

Case brief

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Anil Kushwaha v. State of U.P.

Case brief

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