Tulsiram vs State Of U.P.
2019 Latest Caselaw 4802 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 74
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21222 of 2019
 

 
Applicant :- Tulsiram
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Yadavendra Dwivedi
 
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.

According to prosecution case, F.I.R. was lodged on 6.6.2017 (after nine days of incident) against five accused persons alleging that on 28.5.2017 they killed Kaushal Kishor. According to postmortem report, five injuries were found on the body of deceased and cause of death was hanging. After investigation, the name of named accused was exonerated and name of six accused persons namely, Meena Devi, Mewa Lal, Manoj, Ram Khilawan, Sukhwasi and Tulasi Ram was surfaced. It was found that there was illicit relation in between deceased and accused Meena Devi due to which they killed the deceased. It is submitted by learned counsel for the applicant that applicant is uncle of Meena Devi. He has no concern with the alleged incident. He has falsely been implicated in the present case. There is no direct evidence against the applicant. The applicant is an old man aged about 70 years. There is no credible evidence to connect the applicant with the alleged incident. It has further been submitted that co-accused Ram Khilawan and Sukhwasi having identical role have already been granted bail by another bench of this Court vide orders dated 13.3.2019 and 29.3.2019 in Criminal Misc. Bail Application Nos. 10864 of 2019 and 12899 of 2019 respectively, therefore, the applicant is also entitled for bail on the ground of parity. The applicant has no criminal history and is in jail since 7.8.2018.

Per contra; learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid fact that co-accused Ram Khilawan and Sukhwasi having identical role have already been granted 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 Tulsiram involved in Case Crime No. 256 of 2017, under section 302, 506 & 34 IPC, P.S. Rasoolabad, District Ramabai Nagar (Kanpur Dehat) 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 :- 21.5.2019

Masarrat