Allowed

Kalaktar Singh v. State of U.P.

Allahabad HC14 Aug 2018BAIL/30573/2018

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant, Kalaktar Singh, arrested in trespassing, voluntarily causing hurt to arsen. Relying on the parity principle as a co-accused was released and the reformative theory of punishment, the Court allowed bail subject to personal and surety bonds without expressing an opinion on the case's merits.

What did the court decide?

The applicant Kalaktar Singh was released on bail upon furnishing personal bonds with two sureties in the like amount.

Kalaktar Singh Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2018)

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Court No. - 55

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30573 of 2018

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Applicant :- Kalaktar Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Gajendra Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Gajendra Singh, learned counsel for the applicant and Sri V. K. Singh, learned A.G.A. appearing for the State.

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It has been contended by the learned counsel for the applicant that the co-accused Virendra has been granted bail by another Bench of this Court on 26.6.2018 in Criminal Misc. Bail Application No.23550 of 2018, a copy of said order has been annexed as annexure-5 to the affidavit accompanying this bail application and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant has no criminal history. The applicant is in jail since 10.6.2018.

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Learned A.G.A. opposed the prayer for bail, but could not dispute the aforesaid fact as argued by the learned counsel for the applicant.

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Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment , the applicant is entitled to be released on bail in this case.

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Without expressing any opinion on the merits of the case let the applicant Kalaktar Singh involved in Case Crime No.15 of 2018, under Sections 307, 324, 429 IPC. Police Station Hajratpur, District Budaun be released on bail on his furnishing personal bonds with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/intimidate the prosecution

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witness.

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(iii) The applicant will appear before the trial Court on the date fixed.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Order Date :- 14.8.2018 Dev/-

Kalaktar Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kalaktar Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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