Allowed

Bal Kishun v. State of U.P.

Allahabad HC7 Sept 2018BAIL/34092/2018

Case brief

AI extract

What is this about?

The court granted bail to Bal Kishun falsely implicated in a criminal case involving affray and hurt, noting the delay in FIR lodgment and lack of criminal history. The applicant was released on a personal bond with two sureties subject to specified conditions.

What did the court decide?

Released on bail on furnishing a personal bond with two sureties in like amount, subject to conditions of attendance and non-interference.

Bal Kishun 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. - 34092 of 2018

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Applicant :- Bal Kishun Opposite Party :- State Of U.P. Counsel for Applicant :- Kamlesh Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Kamlesh Kumar Tiwari, learned counsel for the applicant and Sri Abhinav Prasad, 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 applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that the alleged incident is said to have taken place on 26.5.2018 and first information report for the same has been lodged on 12.6.2018 for which no plausible explanation has been given by the prosecution, which itself falsify the prosecution story. Learned counsel for the applicant has drawn the attention of this Court towards annexure-6 to the affidavit accompanying this bail application which is the statement of the Doctor who has treated the injured wherein it has been stated by the Doctor that the injury sustained by the injured are not dangerous to life. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 18.7.2018. It has been pointed out that the applicant has no criminal history.

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Learned A.G.A. opposed the prayer for bail.

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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

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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 Bal Kishun involved in Case Crime No.196 of 2018, under Sections 147, 308, 323, 452, 506 I.P.C. Police Station Gola, District Gorakhpur 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.

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The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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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 trial court will be at liberty to cancel the bail.

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Order Date :- 7.9.2018 Dev/-

Bal Kishun v. State of U.P.

Case brief

What is this about?

What did the court decide?

Bal Kishun v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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