Allowed

Kalar Singh Alias Kalay v. State of U.P.

Allahabad HC9 Oct 2018BAIL/38130/2018

Case brief

AI extract

What is this about?

The court granted bail to the applicant charged with murder, considering his lack of criminal history, lack of direct evidence implicating him initially, and the bail of a co-accused, subject to specific conditions regarding court attendance and witness interference.

What did the court decide?

The applicant was released on bail by executing a personal bond and furnishing two sureties subject to conditions for court attendance and preventing witness tampering.

Kalar Singh Alias Kalay Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 42

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38130 of 2018

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Applicant :- Kalar Singh Alias Kalay Opposite Party :- State Of U.P. Counsel for Applicant :- Madan Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Arvind Kumar Mishra-I,J.

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Heard learned counsel for the applicant as well as learned AGA for the State of U.P and perused the material available on record.

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Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. Nothing concrete has surfaced against the applicant. Initially, though three persons were named in the first information report but the applicant is not named in the first information report. Thereafter, it so happened that confessional statement is stated to have been given by the applicant to Umesh Pal and Amer Singh. Except that, there is no other testimony to link the applicant with the crime. Under similar circumstance, co-accused Pujabi Singh has already been admitted to bail by this Court vide order dated 01.08.2018 in Criminal Misc. Bail Application No.28725 of 2018. The applicant does not bear any criminal history and is languishing in jail since 13.08.2018.

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Learned AGA has opposed prayer for bail. However, learned AGA has not disputed the aforesaid facts.

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Without expressing any opinion on merits of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.

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Accordingly, bail application is allowed.

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Let the applicant Kalar Singh @ Kalay involved in Case Crime No.190 of 2017, under Section 302 I.P.C., Police Station Dadon, District Aligarh be released on bail on his executing a personal bond and furnishing 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 shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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Order Date :- 9.10.2018

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Kalar Singh Alias Kalay v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kalar Singh Alias Kalay v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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