Allahabad High Court
Om Prakash @ Kallu vs State Of U.P. on 8 July, 2019
Bench: Arvind Kumar Mishra-I
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27055 of 2019
Applicant :- Om Prakash @ Kallu
Opposite Party :- State Of U.P.
Counsel for Applicant :- Rama Shankar Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
Argument on behalf of the applicant has been extended to the effect that in this case, applicant is not named in the FIR. He further submits that the applicant is innocent and has been falsely implicated in this case. The applicant has no role to play in the commission of the offence. There was no motive to commit the offence. He was not present at the time of the incident. There is no independent witness and no legal evidence against the applicant. Further, he adds that no incident, as alleged by the prosecution ever took place, however, assuming it to be that anything occurred on the spot, then the same can be said to be due to sudden provocation. Offences levelled against the applicant are not attracted in the present case. Under the similar circumstances co- accused Akbar Khan has been admitted to bail by the co-ordinate Bench of this Court on 7.5.2019 in Criminal Miscellaneous Bail Application No.192982 of 2019, copy whereof has been produced by the learned counsel for the applicant, the same is taken on record. He is languishing in jail since 26.4.2019 having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant- Om Prakash @ Kallu- involved in Case Crime No. 60 of 2019, under Section 304 IPC, Police Station Koraon, District Allahabad be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2.The applicant will not pressurize/ intimidate the prosecution witness.
3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4.The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5.The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 8.7.2019
Raj
