Allahabad High Court
Kuldeep vs State Of U.P. on 14 May, 2019
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20203 of 2019
Applicant :- Kuldeep
Opposite Party :- State Of U.P.
Counsel for Applicant :- Rama Shankar 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 the FIR of the alleged incident was lodged against 3 persons including the applicant. In FIR it has been mentioned that co-accused Vikram had seen the deceased doing wrong act with his wife due to which he was having enmity with the deceased due to which on the date of alleged occurrence the deceased was called by co-accused Mukesh @ Chhotu, thereafter, the applicant and other co-accused have committed his murder. The informant in his statement recorded under section 161 Cr.P.C. has not disclosed the name of applicant. No charge-sheet was submitted against the applicant. The charge-sheet was submitted only against Vikram and Mukesh @ Chhotu. The applicant has been summoned to face trial on the basis of an application moved under section 319 Cr.P.C. In the statement of P.W. 1 Vikram, informant, it has come that he had seen the applicant and other co-accused running from the field of mustered where the dead body of the deceased was found. There is general allegation against the applicant. No specific role has been assigned to him. It has further been submitted that co-accused Vikram and Mukesh @ Chhotu against whom the charge-sheet was submitted have already been released on bail by another bench of this court vide order dated 13.5.2016 in Criminal Misc. Bail Application No. 14778 of 2016, therefore, the applicant is also entitled for bail. The applicant has no criminal history and is in jail since 25.4.2019.
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 Kuldeep involved in Case Crime No. 461 of 2015, under section 302 IPC, P.S. Shikarpur, 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 :- 14.5.2019
Masarrat
