Allowed

Shubham Kushwaha v. State of U.P. Thru. Secy. Home Deptt. Lko.

Allahabad HC3 Jul 2024BAIL/5151/2024

Case brief

AI extract

What is this about?

This bail application under the U.P. Gangster Act was allowed. The single judge held that the applicant complied with Section 19(4) conditions and, since co-accused were already released, ordered his release on bail with personal bond and two sureties.

What did the court decide?

The applicant, Shubham Kushwaha, was released on bail by furnishing a personal bond and two sureties in the like amount, subject to specific attendance and undertaking conditions.

Shubham Kushwaha vs State of U.P. Thru. Secy. Home Deptt… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:45227

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Court No. - 32

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5151 of 2024

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Applicant :- Shubham Kushwaha Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. Counsel for Applicant :- Amit Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Brij Raj Singh,J.

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1. Heard learned counsel for the applicant and Sri Jaideep Singh, learned A.G.A. for the State.

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2. The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.294 of 2023 under Sections 2/3 of U.P. Gangster and Anti Social Activities ( Prevention) Act, 1986, Police-StationGanga Ghat, District- Unnao.

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3. Learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. As per the gang chart, three cases have been shown in the gang chart against the applicant in which the applicant has been enlarged on bail, the details of which have been explained in para 6 of the bail application. He has further explained the criminal history in supplementary affidavit dated 01.05.2024 and has submitted that the applicant has been granted bail in 28 cases in which he has been implicated. It has been submitted by learned counsel for the applicant that co-accused Sachin, Jai Prakash and Deepak @ Thekedar have already been granted bail by coordinate Bench this Court vide order dated 19.09.2023,12.10.2023 and 09.11.2023 passed in Criminal Misc. Bail Application No.11155 of 2023, 11151 of 2023 and 11441 of 2023 respectively. Lastly, it is contended by the learned counsel for applicant that the applicant is in jail since 09.06.2023.

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4. Learned A.G.A. has opposed the prayer for bail but could not dispute the fact that co-accused Sachin, Jai Prakash and Deepak @ Thekedar have been granted bail by this Court.

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5. Considering the submissions of learned counsel for the parties, material available on record; contents of F.I.R.; other relevant documents; nature of offence; gang chart; the argument that the applicant is in jail since 09.06.2023, the argument that three cases shown in the gang chart and twenty eight other cases shown except the gang chart in which the applicant has been granted bail, this Court finds that condition of Section 19(4) of the Gangster Act is properly complied with as well as the fact that co-accused Sachin, Jai Prakash and Deepak @ Thekedar have already been granted bail by this Court, therefore, the applicant is entitled to be released on bail.

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6. Accordingly, the bail application of the applicant is allowed .

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7. Let the applicant, namely, Shubham Kushwaha , be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under

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Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything in this order.

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(Brij Raj Singh, J.)

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Order Date :- 3.7.2024 dk/

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Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Shubham Kushwaha v. State of U.P. Thru. Secy. Home Deptt. Lko.

Case brief

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Shubham Kushwaha v. State of U.P. Thru. Secy. Home Deptt. Lko.

Case brief

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