Allahabad High Court
Kalaktar vs State Of U.P. on 7 May, 2019
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8093 of 2018
Applicant :- Kalaktar
Opposite Party :- State Of U.P.
Counsel for Applicant :- Radhey Shyam Shukla,Vipul Shukla
Counsel for Opposite Party :- G.A.
Connected with
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17743 of 2018
Applicant :- Shri Om
Opposite Party :- State Of U.P.
Counsel for Applicant :- Radhey Shyam Shukla,Vipul Shukla
Counsel for Opposite Party :- G.A,Amrendra Nath Rai,Sanjay Singh
Hon'ble Bachchoo Lal,J.
Counter affidavits filed on behalf of complainant in above both the bail applications, are taken on record.
The above both the bail applications which relate to the same case crime number are being heard together and are decided by a common order.
Heard learned counsel for the applicants, learned counsel for the complainant as well as learned A.G.A. for the State and perused the record.
Learned counsel for the applicants submits that the FIR of the alleged incident was lodged against 5 persons including the applicants with the allegation that there was love affairs in between the younger brother of informant and daughter of Prempal due to which on 1.9.2017 at about 7:00 P.M,. the applicants and other co-accused took away the deceased from his house and committed his murder. In the statement of informant Mukesh Babu it has come that applicants Kalaktar, Shri Om and co-accused Mukesh caught hold the deceased and co-accused Aijbhan and Prempal caused injuries to the deceased with sword and Farsa (sharp edged weapons). It has further been submitted that only the role of catching hold to the deceased has been assigned to the applicants. The applicants have not caused any injury to the deceased. The role of causing injuries to the deceased has been assigned to co-accused Aijbhan and Prempal. The case of the applicants is distinguishable from the case of co-accused Aijbhan and Prempal. Nothing incriminating has been recovered from the possession of the applicants or on their pointing out. It has further been submitted that co-accused Mukesh having identical role has already been released on bail by another bench of this court vide order dated 28.2.2019 in Criminal Misc. Bail Application No. 10706 of 2018, therefore, the applicants are also entitled for bail on the ground of parity. It has further been submitted that applicant Kalaktar is an old man aged about 83 years and applicant Shri Om is relative of co-accused Aijbhan and Prempal and he belongs to other district. The applicants have no concern with the alleged incident. There is no motive to the applicants to commit the alleged offence. It has further been submitted that applicant Kalaktar was convicted in a case and sentenced to 5 years imprisonment and in that case he is on bail. There is no other criminal history of applicant Kalaktar. Applicant Shri Om has no criminal history. The applicant Kalaktar is in jail since 18.11.2017 and applicant Shri Om is in jail since 4.9.2017.
Per contra; learned counsel for the complainant as well as learned A.G.A. have opposed the prayer for bail and argued that the applicants and other co-accused took away the deceased from his house and thereafter they committed his murder. The applicants are involved in the alleged offence, therefore, they are 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 applicants Kalaktar and Shri Om involved in Case Crime No. 142 of 2017, under section 147, 148, 302, 506, 34 IPC, P.S. Bisharatganj, District Bareilly be released on bail on their 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 applicants will not tamper with the evidence.
2. They shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.
3. They 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 applicants.
Order Date :- 7.5.2019
Masarrat
