Allahabad High Court
Praveen Kushwaha vs State Of U.P. on 9 August, 2016
Bench: Naheed Ara Moonis
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25623 of 2016
Applicant :- Praveen Kushwaha
Opposite Party :- State Of U.P.
Counsel for Applicant :- Devendra Mohan Singh
Counsel for Opposite Party :- G.A.
Hon'ble Naheed Ara Moonis,J.
Applicant- Praveen Kushwaha seeks bail in Case Crime No. 430 of 2015, under Sections 147, 148, 149, 302, 201 IPC and Section 7 of Criminal Law Amendment Act, Police Station Mahrajpur District Kanpur Nagar.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
The submission of the learned counsel for the applicant is that according to the First Information Report two persons, namely, Raj Kumar and Deepu along with other persons had assaulted the deceased with lathi and danda, on account of brutal assault he succumbed to the injuries while he was being dragged by them to the shore of Ganges. It is further submitted that the applicant who is not named in the FIR but his complicity has been made in the crime merely on suspicion. The medical report also does not corroborate with the prosecution case. The case of the applicant is distinguishable from the other named accused persons. Co-accused Baijnath Yadav has already been enlarged on bail by this Court vide order dated 1.8.2016. The applicant is in jail since 29.9.2015 and has no criminal history to his credit deserves to be released on bail. In case the applicant is released on bail he will not misuse the liberty of bail.
Learned A.G.A. has contended that the complicity of the applicant came into light when the video was played in which the applicant was also found assaulting the deceased. In case the applicant is allowed to be released on bail, he will tamper with the prosecution evidence and flee away from the judicial process.
Having considered the nature of accusation, severity of punishment but without expressing any opinion on the merits of the case, let the applicant Praveen Kushwaha involved in aforesaid 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 with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. He will cooperate in the trial bonafidely without seeking adjournments.
3. He shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 9.8.2016
RU
