Kushal v. State of U.P.
Case brief
What is this about?
Bail application allowed. Court directed release of applicant Kushal on personal bond with sureties under Arms Act sections. Trial expedited to conclude within six months.
What did the court decide?
Release on bail with personal bond and two sureties (one family member) on conditions including non-tampering, attending court, and no unlawful activities.
What the court decided
Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8782 of 2023
Applicant :- Kushal Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh Chandra Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and Shri Mithilesh Kumar, learned A.G.A. appearing for the State and perused the record.
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 next contended that the F.I.R. was lodged by the Inspector of police against three persons including applicant. It is next contended that the applicant is not involved in the crime as alleged in the F.I.R. It is further submitted that nothing incriminating has been recovered from the possession of the applicant. It is further submitted that there is no independent witness of the recovery that has been shown against the applicant. It is further submitted that applicant has no criminal history at his credit. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. 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. It has also been submitted that the applicant is languishing in jail since 23.01.2023.
Learned A.G.A. has vehemently opposed the prayer for bail.
Issues for consideration
3 issues framed by the court
Whether the applicant made out a case for bail given the allegations of false implication and lack of incriminating evidence recovered from his possession.
Whether the applicant should be released on bail with personal bond and sureties in the given sections of the Arms Act.
Whether the trial should be expedited and concluded expeditiously within six months.
Parties & counsel
- applicant
Kushal
- respondent
State of U.P.
Coram
Vivek Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · March
- Registered
- Case no.
- BAIL/8782/2023
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