Allowed

Sushil Kumar Kushwaha v. State of U.P.

Allahabad HC11 Apr 2023BAIL/13458/2023

Case brief

AI extract

What is this about?

This single-judge criminal bail order allows release on bail for the applicant charged under multiple IPC sections for cheating. The court relied on Satendra Kumar Antil to find a prima facie case made out, noting the applicant is a first-time convict with no incriminating evidence found at his possession.

What did the court decide?

Release on bail on furnishing a personal bond and two sureties each.

Sushil Kumar Kushwaha Vs State of U.P. — Cheating and Forgery | Allahabad HC (2023)

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Court No. - 87

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13458 of 2023 Applicant :- Sushil Kumar Kushwaha Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,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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The instant bail application has been filed on behalf of the applicant Sushil Kumar Kushwaha with a prayer to release him on bail in Case Crime No.241 of 2020, under Sections 419, 420, 467, 468, 406, 504, 506 I.P.C., P.S. Kotwali Salempur, District Deoria during pendency of the trial.

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Allegation in the FIR is that applicant being Bank Manager of Wellcost Mutual Benefit Limited assured the informant to invest money in his company with good return. Informant deposited Rs.200/- per month in the company till maturity period i.e.15.08.2016. After maturity they refused to give money. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Applicant has no concerned with the company since 27.03.2013 and applicant has no role in collection of money. Nothing incriminating substance has been recovered from the possession of the applicant. Applicant has been implicated in various similar type of cases in which some of them applicant has been granted bail. Learned counsel for the applicant next submitted that coaccused Sirajuddin has been granted bail by the coordinate Bench of this Court vide order dated 26.09.2022. Learned counsel for the applicant next submits that the applicant having better case for getting bail on account of parity. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 20.09.2022 and in case he is enlarged on bail he will not misuse the liberty of bail.

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Learned A.G.A. has opposed the bail prayer of the applicant.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and law laid down

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by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021 , 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, Sushil Kumar Kushwaha, who is involved in the aforesaid case crime, 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. Further, before issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 11.4.2023 SKD

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Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad

Sushil Kumar Kushwaha v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sushil Kumar Kushwaha v. State of U.P.

Case brief

What is this about?

What did the court decide?

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