Kalloo Sharma vs State Of U.P.
2019 Latest Caselaw 3490 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 74
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17412 of 2019
 

 
Applicant :- Kalloo Sharma
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Ashok Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

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

Learned counsel for the applicant submits that the applicant is not named in the FIR. The FIR of the alleged incident was lodged on the basis of an application moved under section 156(3) Cr.P.C. against Abhishek Singh. During investigation the name of applicant came into light in the statement of Prabhakar Upadhyay who has expressed suspicion against the applicant. In the statement of Mohd. Shahid Saleem it has come that the applicant had made planning to commit the murder of the deceased in jail. Only the allegation of hatching conspiracy has been levelled against the applicant. In fact, the applicant has no concern with the alleged incident. There was no motive to the applicant to commit the alleged offence. There is no cogent evidence with regard to conspiracy. Nothing incriminating has been recovered from the possesion of the applicant or on his pointing out. The co-accused Veeru @ Virendra Tripathi, Sadik, Imran and Javed Khan have already been released on bail by another bench of this court vide orders dated 4.1.2019, 8.1.2019, 29.3.2019 and 7.9.2018 respectively, therefore, the applicant is also entitled for bail. The criminal history of the applicant has been explained in para 15 of the affidavit filed in support of bail application. The applicant is in jail since 1.6.2018.

Per contra; learned A.G.A. has opposed the prayer 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 Kalloo Sharma involved in Case Crime No. 1112 of 2017, under section 302, 34, 120B, 147, 148, 149 IPC, P.S. Cantt., District Varanasi 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 :- 25.4.2019

Masarrat