Kuldeep vs State Of U.P.
2018 Latest Caselaw 668 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 41
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9032 of 2018
 

 
Applicant :- Kuldeep
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Dr. Akhilesh Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rajesh Dayal Khare,J.

This is second bail application on behalf of the applicant and the first bail application of the applicant was rejected by this Court vide order dated 28.1.2016.

Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.

It is contended by the learned counsel for the applicant that P.W.-1 and P.W.-2 have stated that they had not seen the incident and P.W.-1 in her statement has also stated that there was some animosity with the applicant. It is next contended that the sole independent witness i.e. P.W-3 has become hostile. It is next contended that the applicant has been falsely implicated due to ulterior motive and village party bandi. It is next contended that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is next contended that there is no likelihood of the trial to be concluded in near future. It is further contended that the applicant has no criminal history and the applicant is in jail since 14.10.2013 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.

Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant Kuldeep involved in case crime No.88 of 2013, under Sections 307, 393 IPC, police station Jaitpur, district Agra 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 on the following conditions that:-

1. The applicant shall not tamper with the prosecution evidence;

2. The applicant shall not pressurize the prosecution witnesses;

3. The applicant shall appear on the date fixed by the trial court.

In case of default of any of the conditions enumerated above, the order granting bail shall automatically stand cancelled.

Order Date :- 18.5.2018

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