Anil Kumar Kushwaha vs State of U.P.

Neutral Citation No. - 2025:AHC:26860

Court No. - 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1159 of 2025

Applicant :- Anil Kumar Kushwaha Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Heard Shri Arvind Kumar, learned counsel for the applicant, Shri S.K. Rai, learned AGA-I for the State-respondents and perused the record.

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This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Anil Kumar Kushwaha , seeking enlargement on bail in Case Crime No. 132 of 2021, under section 307 I.P.C., P.S. Govind Nagar, District-Kanpur Nagar.

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The first information report was lodged against three persons, including applicant with allegation that on 29.3.2021 when the son of informant went to the market for purchasing house hold items suddenly a boy came in front of his motorcycle and to avoid the accident, the motorcycle of the informant's son colluded with the stationary loader of Ajay Kushwaha, then all the accused persons with intention to kill assaulted the son of the informant with 'fawda' and 'charpai ki pati'.

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Learned counsel for the applicant argued that the accusedapplicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 29.10.2024. He further submits that the only role which has been assigned to the applicant is that of assaulting the injured with kicks and fists, whereas the role of causing head injury with 'charpai ki pati' is attributed to co-accused Durga Kushwaha, which is evident from the statement of injured. He further submits that similarly placed other co-accused Ajay Kushwaha Alias Lalit Alias Ankit Kushwaha has already been enlarged on bail by coordinate Bench of this Court, vide order dated 8.10.2021 passed in Criminal Misc. Bail Application No. 33617 of 2021. He also submits that since the role of the applicant is identical to that of co-accused, hence he is also entitled to be enlarged on bail on the ground of parity. He

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has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for.

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Learned AGA has vehemently opposed the prayer for bail.

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Having heard and gone through materials placed on record, it is apparent that similarly placed other co-accused Ajay Kushwaha has been granted bail; the applicant has no criminal antecedent to his credit and he is languishing in jail since 29.10.2024.

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Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.

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Accordingly, the bail application is allowed .

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Let the accused-applicant, Anil Kumar Kushwaha , involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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Order Date :- 24.2.2025 Faridul

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Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad

Anil Kumar Kushwaha v. State of U.P.

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Anil Kumar Kushwaha v. State of U.P.

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