Kedar Singh vs State Of U.P.
2019 Latest Caselaw 3070 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 41
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15905 of 2019
 

 
Applicant :- Kedar Singh
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Raj Kumar Sharma,Ajeet Kumar Srivastava
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

Sri Ashish Kumar Pandey, Sri D.K. Singh and Sri Anurag Upadhyay, learned counsel filed Vakalatnama on behalf of complainant and supplementary affidavit filed on behalf of the applicant, are taken on record.

Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A. for the State and perused the record.

Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the present case. The son of the applicant namely Radhey Shyam along with one police constable was done to death by son of first informant and other co-accused persons against which the FIR was lodged by the applicant on 23.5.2016. In that case the charge-sheet was submitted against the son of first informant along with other co-accused. Only to make pressure upon the applicant for compromise he has falsely been implicated in the present case. There is allegation of hatching conspiracy against the applicant. There is no cogent evidence with regard to conspiracy. The applicant has no concern with the alleged incident. The applicant had not caused any injury to the deceased. Nothing incriminating has been recovered from the possession of the applicant or on his pointing out. The applicant is an old man aged about 70 years. The applicant has no criminal history and is in jail since 11.1.2019.

Per contra; learned counsel for the complainant as well as learned A.G.A. have opposed the prayer for bail and argued that the applicant is named in the FIR. The applicant with the help of other co-accused persons have got murdered the deceased, therefore, he is not entitled for bail.

Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.

Let the applicant Kedar Singh involved in Case Crime No. 07 of 2019, under section 147, 148, 149, 302, 120B IPC and Section 7 Criminal Law Amendment Act, P.S. Chandwak, District Jaunpur be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

1. The applicant will not tamper with the evidence.

2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.

3. He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.

In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.

Order Date :- 17.4.2019

Masarrat