Allowed

Rakesh Kumar Kushwaha v. State of U.P.

Allahabad HC24 Jan 2022/8074/2021

Case brief

AI extract

What is this about?

This court allowed a bail application filed by Rakesh Kumar Kushwaha accused under Sections 406, 420, 506, and 409 IPC. The court dismissed objections regarding tampering risks and permitted release on personal bond and sureties subject to standard conditions.

What did the court decide?

The applicant was allowed to be released on bail on furnishing a personal bond and two sureties each in the like amount.

Rakesh Kumar Kushwaha Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 13

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8074 of 2021

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Applicant :- Rakesh Kumar Kushwaha Opposite Party :- State of U.P. Counsel for Applicant :- Bhoopal Singh,Vinay Misra Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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

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Learned counsel for the applicant submits that as per the prosecution case, it is the case of Pinki Rawat in whose account the amount has been received from the informant. The applicant happens to be the Director of the Company in which the co-accused Pinki Rawat is an employee and only because of this reason, he has been falsely implicated. No case under Sections 406, 420, 506 is made out against the present applicant. The applicant is in jail since 27.03.2021. Charge sheet has been filed.

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It is lastly submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as stated by learned counsel for the applicant.

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Considering the facts and circumstances of the case, and also considering the facts that the applicant is in jail since 27.03.2021; charge sheet has been filed; offences are triable by Magistrate and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, bail application is allowed .

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Let the applicant, Rakesh Kumar Kushwaha, involved in Case Crime No.162 of 2021, under Sections 406, 420, 506 and 409 Indian Penal Code, Police Station - Vibhuti Khand, District - Lucknow, be released on bail on his 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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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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(iv) 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

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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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(v) 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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(vi) 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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Order Date :- 24.1.2022 KR

Rakesh Kumar Kushwaha v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rakesh Kumar Kushwaha v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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