Allowed

Raju Kashyap v. State of U.P.

Allahabad HC4 Apr 2023BAIL/2147/2020

Case brief

AI extract

What is this about?

The court allowed the second bail application filed by Raju Kashyap in a criminal case involving Section 307 IPC. The applicant alleged false implication, and the court, considering the facts, evidence, and assurances of cooperation, granted bail with bonds and conditions while directing the trial court to expedite the trial.

What did the court decide?

The applicant was released on bail by furnishing a personal bond with two sureties in like amount, subject to specific conditions of conduct and attendance.

Raju Kashyap Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2023)

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2147 of 2020

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Applicant :- Raju Kashyap Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicant and Shri Mithilesh Kumar, Shri D.P.S. Chauhan, learned A.G.A. appearing for the State and perused the record.

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This is the second bail application of the applicant and first bail application has been rejected vide order dated 12.01.2018. It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is further submitted that prosecution witnesses have not supported the prosecution version in their cross examination and the same is filed as Annexure no. 10 to the affidavit filed in support of the bail application. It is further submitted that applicant is in detention since 23.03.2017. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required.

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Learned A.G.A. has vehemently opposed the prayer for bail.

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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 the law laid down 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 Raju Kashyap involved in Case Crime No. 509 of 2017, under Section 307 I.P.C., Police Station Sahibabad, District Ghaziabad be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.

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(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activities.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of six months from the date of production of a certified copy of this order, if there is no legal impediment.

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Order Date :- 4.4.2023

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Bhanu

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Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad

Raju Kashyap v. State of U.P.

Case brief

What is this about?

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Raju Kashyap v. State of U.P.

Case brief

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