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Neutral Citation No. - 2025:AHC:42559 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6926 of 2025 Applicant :- Jagdish Kushwaha Opposite Party :- State of U.P. Counsel for Applicant :- Ashwini Kumar Ojha Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. The instant bail application has been filed on behalf of the applicant Jagdish Kushwaha with a prayer to release him on bail in Case Crime No.68 of 2024, under Sections 420, 467, 468, 471 I.P.C., P.S. Narahat, District Lalitpur during pendency of the trial.
3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Applicant is informant of the present case. He has been implicated in the present case after recording the statement of witness Lakhan and Smt. Anita. Allegation alleged in the FIR is false and baseless and not supported by any evidence. Learned counsel for the applicant next submitted that Smt.Ruchi has been granted bail by coordinate Bench of this Court by order dated
24.07.2024. All allegation of receiving money is against Basant Raj Gupta s/o Bantu Sanatani. Applicant has been implicated in various similar type of cases. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 25.11.2024 and in case he is enlarged on bail he will not misuse the liberty of bail.
4. Learned A.G.A. has opposed the bail prayer of the applicant.
5. Considering the entire facts and circumstances of the case,
submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
6. Let the applicant, Jagdish Kushwaha who is involved in the aforesaid case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. i. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. ii. The applicant shall cooperate in the trial sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 24.3.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad