The High Court granted bail to Vikas Kushwaha in a case involving robbery, cheating, and forgery charges. The applicant was detained in jail and sought release on a personal bond with two sureties.
Released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
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Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39920 of 2022
Applicant :- Vikas Kushwaha Opposite Party :- State of U.P. Counsel for Applicant :- Dileep Kumar Vishwakarma Counsel for Opposite Party :- G.A.
Hon'ble Gajendra Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
By means of this application, the applicant, Vikas Kushwaha, who is involved in Case Crime No. 205 of 2022, under Sections 395, 412, 420, 120B, 467, 468, 471 of IPC, Police Station Maharajpur, District Kanpur Nagar and is in jail since 16.06.2022, is seeking enlargement on bail during the trial.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case. It is further submitted that on information of mukhbir khas, the said robbery truck no. UP 41 AT 6195 was recovered and seven persons were arrested by the police in which the applicant was also arrested and as alleged police recovered one country made pistol and as per prosecution story, the aforesaid truck was driven by the applicant. It is further submitted that recovery memo which was prepared by the police person, the said recovery is not supported by any public witnesses. It is further submitted that there are three cases registered against the applicant including the present case which are explained in paras 6 and 7 of the supplementary affidavit. It is further submitted that the applicant is languishing in jail since 16.06.2022, and in case of being released on bail, he will not misuse the liberty of bail and will cooperate in trial.
The learned A.G.A. has opposed the prayer for grant of bail to the applicant, but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties, without expressing any opinion on the merit of the case, I find it to be fit case for granting bail.
In view of the above, let the applicant be released on bail on his executing a personal bond and furnishing two sureties each in
the like amount to the satisfaction of the court concerned with the following conditions :-
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before he is accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 29.9.2022
A.N. Mishra
Digitally signed by AMARNATH MISHRA Date: 2022.10.10 16:37:57 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to be released on bail during the trial.
Vikas Kushwaha
Gajendra Kumar
As recorded by the court registry
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