Allowed

Kuldeep v. State of U.P.

Allahabad HC3 May 2019BAIL/18906/2019

Case brief

AI extract

What is this about?

This judgment grants bail to the applicant in a criminal case under Sections 307 and 504 IPC. The court directed release upon furnishing a personal bond and two local sureties, subject to standard conditions regarding criminal activity and witness tampering.

What did the court decide?

The applicant is released on bail on furnishing a personal bond and two local sureties of the like amount to the satisfaction of the court concerned.

Kuldeep Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2019)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18906 of 2019

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Applicant :- Kuldeep Opposite Party :- State Of U.P. Counsel for Applicant :- Suresh Dhar Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Sri Suresh Dhar Dwivedi, learned counsel for the applicant, Sri Om Prakash Mishra, learned A.G.A. for the State and perused the record of the present bail application.

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The present bail application has been filed by the applicant – Kuldeep with a prayer to enlarge him on bail in Case Crime No.111 of 2019, under Sections 307, 504 I.P.C., Police Station Kanth, District Shahjahanpur.

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It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is argued that as per version of the FIR on 14.02.2019 at about 6.30 p.m when the informant was standing in front of the house of his uncle Veerpal, the applicant came there and started using abusive language towards him and on objection being raised by the informant, he fired upon the informant, due to which he sustained the injuries on his leg. The injuries are on non-vital part and not serious in nature. There was no intention or motive of the applicant to commit the offence. Criminal history of the applicant is explained in para 10 of the affidavit filed in support of the bail application. It is next contended that there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail and the applicant is languishing in jail since 15.02.2019. Accordingly, he requests for bail.

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Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22 , without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the

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like amount to the satisfaction of the court concerned, subject to the following conditions:-

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(i) The applicant shall not indulge in any criminal activity. (ii) The applicant shall not tamper with the prosecution evidence.

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(iii) The applicant shall not pressurize the prosecution witnesses.

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(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.

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In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.

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Order Date :- 3.5.2019 Anand Sri./-

Kuldeep v. State of U.P.

Case brief

What is this about?

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Kuldeep v. State of U.P.

Case brief

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