Allowed

Bachchi Kushwaha @ Ajay Kumar v. State of U.P.

Allahabad HC10 Mar 2022BAIL/42024/2021

Case brief

AI extract

What is this about?

The Court allowed a bail application filed by the accused in a criminal case involving sections 307, 323, 324, 325, 504, and 506 IPC. The accused argued false implication and injury discrepancies, while the State opposed based on fatal injuries alleged against him. The Court granted bail subject to standard personal and evidentiary conditions.

What did the court decide?

Release on bail on furnishing a personal bond and two sureties in like amount.

Bachchi Kushwaha @ Ajay Kumar Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2022)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42024 of 2021

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Applicant :- Bachchi Kushwaha @ Ajay Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Prakash Kushwaha,Amit Kumar Dixit

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Counsel for Opposite Party :- G.A.,Gyanendra Singh

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Hon'ble Subhash Chandra Sharma,J.

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Learned counsel for applicant is permitted to make necessary correction in the memo of bail application.

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

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It is submitted by learned counsel for the applicant that he is innocent and has been falsely implicated in the present case. There is general allegation of marpeet with lathi & farsa against applicant and other three co-accused persons. The injuries are said to be caused with sharp edged weapon but no any incised wound was found on the person of injured Dhangarh. F.I.R. was also lodged after delay of 12 days having no explanation thereto. Other co-accused persons have already been granted bail. There is no criminal history against the applicant. He is languishing in jail since 20.7.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Learned counsel for complainant as well as learned AGA opposed the prayer for bail and urged that in this case fatal injuries were caused to the injured Dhangarh with sharp edged weapon by applicant and other co-accused persons.

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Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant Bachchi Kushwaha @ Ajay Kumar involved in Case Crime No. 114 of 2021, under Sections 307, 323, 324, 325, 504, 506 I.P.C., P.S. Kotwali Dehat, District Banda be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the

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court concerned subject to following conditions.

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The applicant will not tamper with the evidence during the trial.

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The applicant will not pressurize/ intimidate the prosecution witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.

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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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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 10.3.2022 A. Singh

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Digitally signed by ANURAG SINGH Date: 2022.03.14 17:50:02 IST Reason: Location: High Court of Judicature at Allahabad

Bachchi Kushwaha @ Ajay Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Bachchi Kushwaha @ Ajay Kumar 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

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