Mahendra Kushwaha vs. State Of U.P.
Held
The Court granted bail to the applicant, Mahendra Kushwaha, without expressing any opinion on the merits of the case. The applicant was to be released on furnishing a personal bond with two sureties. Several conditions were imposed to ensure his presence and prevent misuse of liberty. These included filing an undertaking not to seek adjournments when witnesses are present, remaining present on each fixed date, and facing proceedings under Section 229-A of the Indian Penal Code for absence without sufficient cause. The court also stipulated that if a proclamation under Section 82 Cr.P.C. was issued and the applicant failed to appear, proceedings under Section 174-A of the Indian Penal Code would be initiated. The applicant was also required to be present for the opening of the case, framing of charge, and recording of his statement under Section 313 Cr.P.C., with the trial court empowered to treat deliberate absence as an abuse of bail liberty. Breach of any condition would allow the trial court to cancel the bail.
Facts
The applicant, Mahendra Kushwaha, sought bail in a criminal miscellaneous application. He had failed to appear before the court on scheduled dates, leading to the issuance of a non-bailable warrant. Subsequently, he surrendered before the concerned court and has been in jail since September 10, 2018. The applicant claimed to have no other reported criminal antecedents and undertook to appear before the trial court on all future dates. The case pertains to GST No. 8 of 2015, arising from Case Crime No. 363 of 2014, under Section 3(i) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986.
Key Issues
1. Whether the applicant is entitled to be released on bail, considering his failure to appear before the court on previous dates and the issuance of a non-bailable warrant, in the context of GST No. 8 of 2015 under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986. Petitioner's Contention: The applicant's counsel argued that the non-appearance was due to unavoidable circumstances and that the applicant had surrendered and was willing to furnish a personal bond with sureties. He also undertook to appear on all future dates and had no other criminal antecedents. Revenue's Contention: The learned Additional Government Advocate opposed the prayer for bail.
Sections Cited
Section 3(i) Uttar Pradesh Gangster and Anti Social Activities (Prevention) Act, 1986, Section 229-A Indian Penal Code, Section 82 Cr.P.C., Section 174-A Indian Penal Code
AI-generated summary — verify with the full judgment below
Court No. - 62 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45043 of 2018 Applicant :- Mahendra Kushwaha Opposite Party :- State Of U.P.
Counsel for Applicant :- Virendra Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri V.K.Gupta,learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. for the State and perused the record..
It has been contended by the learned counsel for the applicant that due to some unavoidable circumstances, the applicant could not appear before the court on the dates fixed. It has further been stated that due to non appearance, non bailable warrant was issued against the applicant and in pursuance of the same, he surrendered before the Court concerned.. The applicant undertakes to appear before the trial court on each and every date fixed by the trial court. The applicant is in jail since 10.9.2018. The applicant has no other reported criminal antecedent.
Learned A.G.A. opposed the prayer for bail.Without expressing any opinion on the merits of the case let the applicant Mahendra Kushwaha involved in GST No. 8 of 2015 in GST No.8 of 2015 arising out of Case Crime No. 363 of 2014, under Section 3(i) Uttar
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