Allowed

Kamlesh Kumar Kushwaha v. State of U.P. and 3 Others

Allahabad HC9 Jan 2023ABAIL/11800/2022

Case brief

AI extract

What is this about?

Criminal Misc. Anticipatory Bail Application under Section 438 Cr.P.C. Allowed anticipatory bail for the applicant facing charges under IPC and POCSO Act, subject to conditions of personal bond and cooperation with investigation.

What did the court decide?

Anticipatory bail granted till submission of police report under Section 173(2) Cr.P.C. on furnishing personal bond of Rs. 25,000/- with two sureties.

Kamlesh Kumar Kushwaha Vs State of U.P. and 3 Others — Narcotics (NDPS) | Allahabad HC (2023)

¶1

Court No. - 80

¶2

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11800 of 2022

¶3

Applicant :- Kamlesh Kumar Kushwaha Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sanjai Kumar Singh Counsel for Opposite Party :- G.A.

¶4

Hon'ble Subhash Chandra Sharma,J.

¶5

Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.

¶6

This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No.261 of 2021, under sections 363, 366, 376, 504, 506 I.P.C. & 3/4 POCSO Act, Police Station Vishunpura, District Kushinagar, during the pendency of investigation.

¶7

Facts in brief are that the daughter of the informant was enticed away by the applicant and other two named co-accused persons alongwith one unknown person.

¶8

It is submitted by learned counsel for the applicant that the applicant is innocent and has committed no offence. He did not entice away the daughter of the informant with other coaccused persons. As per the statement of the victim recorded u/s 164 Cr.P.C. she left her house with her will on account of fear of her parents and no one enticed her away. She also disclosed that she went out of the home without any pressure. In this way, in her statement recorded before the learned Magistrate nothing has been said against this applicant. Further submitted that coaccused Sukhraj and Omprakhash Kushwaha have already been enlarged on bail anticipatory by this Court in Criminal Misc. Anticipatory Bail Application No.514 of 2022 vide order dated 19.04.2022. Lastly, it is submitted that the applicant is under apprehension of imminent arrest. In case, the applicant is released on bail, he would not misuse the liberty of bail and would cooperate with the investigation.

¶9

Learned A.G.A. has opposed the prayer for anticipatory bail but could not dispute the aforesaid facts.

¶10

Considering the facts and circumstances of the case, submissions made by learned counsel for the applicant as well as learned A.G.A. and the statement of the victim made u/s 164 Cr.P.C., the applicant is entitled to be released on anticipatory

¶11

bail in this case for the limited period considering the exception considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98.

¶12

In the event of arrest of the applicant Kamlesh Kumar Kushwaha , shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C., on furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-

¶13

(i) The applicant shall make himself available for interrogation by a police office as and when required;

¶14

(ii) 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 from disclosing such facts to the Court or to any police office;

¶15

(iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned.

¶16

In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

¶17

Order Date :- 9.1.2023 Ashok Gupta

¶18

Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad

Kamlesh Kumar Kushwaha v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Kamlesh Kumar Kushwaha v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Panna Lal and 6 Others Vs State of U.P. and Another

Rahul and Another Vs State of U.P and 3 Others

Deepak Mishra Vs State of U.P. and 2 Others

Avdhesh Vs State of U.P.

Sanjay Vs State of U.P. and Another

Veer Singh Vs State of U.P. and Another