Akram @ Kaliya vs State Of U.P.
2019 Latest Caselaw 4227 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 74
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19213 of 2019
 

 
Applicant :- Akram @ Kaliya
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Gyan Prakash Mishra
 
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 applicant is not named in the FIR. The FIR was lodged against unknown. The name of applicant came into light in the confessional statement of co-accused Radhey Shyam. In the confessional statement of co-accused Radhey Shyam it has come that there was illicit relation in between the wife of deceased and co-accused Radhey Shyam. The role of causing injury to the deceased has been assigned to co-accused Radhey Shyam and recovery of knife used in the commission of murder of the deceased has also been shown on the pointing out of co-accused Radhey Shyam. The role of catching hold to the deceased has been assigned to the applicant in the confessional statement of co-accused Radhey Shyam. In fact, the applicant has no concern with the alleged incident. There was no motive to the applicant to commit the murder of the deceased. According to postmortem report only one incised wound has been found to the deceased. Nothing incriminating has been recovered from the possession of the applicant or on his pointing out. The applicant has no criminal history and is in jail since 5.11.2018.

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 Akram @ Kaliya involved in Case Crime No. 510 of 2018, under section 302, 201 IPC, P.S. Khurja Nagar, District Bulandshahr 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 :- 7.5.2019

Masarrat