Suresh Kaushik vs State Of U.P.
2016 Latest Caselaw 2061 ALL

Citation : 2016 Latest Caselaw 2061 ALL
Judgement Date : 28 April, 2016

Allahabad High Court

Suresh Kaushik vs State Of U.P. on 28 April, 2016

Bench: Vipin Sinha




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 46
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5232 of 2016
 

 
Applicant :- Suresh Kaushik
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Raghvendra Dwivedi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vipin Sinha,J.

Counter affidavit filed in Court today, is taken on record.

Heard learned counsel for the applicant and learned A.G.A. for the State.

The present bail application has been filed by the applicant in case crime No. 22 of 2016 under Sections 406, 420, 468, 471, 504, 509 IPC, police station Raya, District Mathura with the prayer to enlarge him on bail.

I have perused the prosecution story as set up in the FIR and also the bail rejection order.

The contention as raised at the Bar by learned counsel for the applicant is that the accused-applicant has been falsely implicated in the present case due to ulterior motive. It is further contended that in fact some dispute arose with regard to the payment of salary between the parties and on account of which the present criminal proceedings have been initiated against the applicant. It is next contended that if the prosecution story is believed to be true, no criminal offence is made out against the applicant and it would be a civil liability. It is next contended that the applicant has no previous criminal history. It is lastly contended that the applicant is in jail since 12.1.16 and in case he is enlarged on bail, he will not misuse the liberty of bail.

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

It is apparent that it would not be possible to conclude the trial in near future and in the opinion of this Court, it would not be appropriate to keep the applicant in jail till the conclusion of the trial.

Without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view will not in any manner adversely affect the case of the prosecution.

The prayer for bail is granted. The application is allowed.

Let the applicant Suresh Kaushik involved in the aforesaid crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned.

Order Date :- 28.4.2016

Anand