Allowed

Ravikant Kushwaha v. State of U.P.

Allahabad HC13 Sept 2023BAIL/38833/2023

Case brief

AI extract

What is this about?

A single judge in the Allahabad High Court allowed a bail application filed by Ravikant Kushwaha, directing his release on personal bond and two sureties pending trial in a firing case involving Sections 307, 411, 413, 414 IPC and Arms Act.

What did the court decide?

Applicant released on bail on furnishing personal bond and two sureties subject to appearing in court and not tampering with evidence.

Ravikant Kushwaha Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:177358

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38833 of 2023

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Applicant :- Ravikant Kushwaha Opposite Party :- State of U.P. Counsel for Applicant :- Siddharth Niranjan Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Sharma, J.

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Heard Siddharth Niranjan, learned counsel for the applicant virtually, learned prosecution counsel and perused the record.

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The instant bail application, under Section 439 Cr.P.C of the Code of Criminal Procedure, 1973, has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 563 of 2023, under Sections 307, 411, 413, 414, 109, 34 I.P.C and Sections 3/25 of the Arms Act, Police Station- Kotwali Orai, District Jalaun, during the pendency of trial.

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Counsel for the applicant submitted that the applicant has been falsely implicated in the instant case. It is next contended that it is a case of firing upon the police personnel and no injury has been caused to any member of the Police Unit. There is one criminal history against the accused applicant in Case Crime No. 541 of 2023, under Sections 392 and 411 of the I.P.C, in which the applicant has already been enlarged on bail. It is further submitted that there is no independent witness, as the place of occurrence is a very busy place. In present of twenty police personnel no one would dare cause the alleged offence. A false recovery has been shown from the possession of the applicant. The alleged recovered loot article was not recovered from the possession of the applicant,

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till date no test identification parade has been conducted. The applicant has no connection with two other co-accused person. Contrary to that the police has illegally shot at the leg of the applicant causing a serious wound at the leg of the applicant. Learned counsel for the applicant has lastly contended that the applicant is in jail since 12.07.2023 . In case, he is enlarged on bail, he will not misuse the said liberty.

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The prosecution has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant - Ravikant Kushwaha, 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 the conditions that he:

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(i) shall appear on the date fixed by the trial court;

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(ii) shall not tamper with the prosecution evidence;

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(iii) shall not pressurize the prosecution witnesses.

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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 :- 13.9.2023 Vinod.

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Digitally signed by :- VINOD KUMAR JAISWAL High Court of Judicature at Allahabad

Ravikant Kushwaha v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ravikant 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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