Allowed

Mritunjay Kushwaha v. State of U.P.

Allahabad HC23 Mar 2022BAIL/5205/2022

Case brief

AI extract

What is this about?

The court granted bail to an applicant accused of cheating and criminal breach of trust, noting that a co-accused had already been released and the applicant was similarly situated.

What did the court decide?

The applicant was released on bail on furnishing a personal bond and two sureties, subject to specific conditions regarding tampering with evidence and appearing before the trial court.

Mritunjay Kushwaha Vs State of U.P. — Cheating and Forgery | Allahabad HC (2022)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5205 of 2022

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Applicant :- Mritunjay Kushwaha Opposite Party :- State of U.P. Counsel for Applicant :- Shobhanath Singh Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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

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It is submitted that in this case applicant has been falsely implicated by the police by showing false recovery of one motorcycle and three tractors. It is further submitted that coaccused Ravikant @ Rajat has already been enlarged on bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application No.3032 of 2022 vide order dated 8.2.2022. The case of this applicant stands on similar footing to that of coaccused person, namely, Ravikant @ Rajat. The criminal history against the applicant has been explained in supplementary affidavit. Applicant is languishing in jail since 1.10.2021 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 A.G.A. opposed the prayer for bail.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the fact that co-accused person has already been granted bail and the case of the present applicant is on similar footing and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a fit case for bail. The bail application is allowed.

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Let the applicant - Mritunjay Kushwaha involved in Case Crime No. 93 of 2021, under Sections 419, 420, 468, 411 and 413 I.P.C., Police Station Suhawal, District Ghazipur, 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 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

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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 :- 23.3.2022 SY

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Digitally signed by SUSHAMA YADAV Date: 2022.03.25 10:21:59 IST Reason: Location: High Court of Judicature at Allahabad

Mritunjay Kushwaha v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mritunjay 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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