Allowed

Kalyan Singh v. State of U.P.

Allahabad HC23 Jan 2019BAIL/2844/2019

Case brief

AI extract

What is this about?

The Single Judge allowed a bail application filed by an accused implicated in a murder and affray case. The court granted bail after noting the applicant was not named in the FIR, had no criminal history, and no specific role in the fatal injury compared to a co-accused.

What did the court decide?

Released on bail upon furnishing a personal bond and two sureties, subject to standard conditions.

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

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Court No. - 50

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2844 of 2019

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Applicant :- Kalyan Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Gaurav Singh Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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This case has been assigned by The Hon'ble The Chief Justice vide order dated 23.01.2019.

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Heard learned counsel for the applicant, Ms. Reema Gupta (B.H.) appearing for the State and perused the record.

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According to prosecution case, F.I.R. was lodged against four named accused persons, namely Vishal, Raju, Farhan and Suraj and two unknown persons alleging that on 9.7.2016 they assaulted Muzzammil, Akrm and Julfekar. According to postmortem report, Muzzammil received six injuries, resultantly died. Main role of causing injury to deceased was assigned to co-accused Vishal.

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Learned counsel for the applicant submitted that co-accused Raju has been granted bail by co-ordinate Bench of this Court and co-accused Farhan by this Bench vide orders dated 11.1.2019 & 21.1.2019 in Criminal Misc. Bail Application Nos. 48037 of 2018 and 2537 of 2019 respectively. The applicant was not named in the FIR. His name has been roped in this case due to village party bandi because applicant is the brother of co-accused Raju. The applicant has neither been assigned any specific role of assaulting any injured nor there is any recovery shown upon the applicant. He is languishing in jail since 27.11.2018 (about two months) having no criminal history. The applicant is innocent and has been falsely implicated in the present case; specific role of causing injury to deceased was assigned to co-accused Vishal; no offence under Section 302 I.P.C. is made out against the applicant; there is cross case, which was registered as Case Crime No. 418 of 2018 including 307 I.P.C. in which both sides had received injuries. There is no independent witness and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.

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Considering the submission of learned counsel for the parties,

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facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.

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Let applicant Kalyan Singh involved in Case Crime No. 417 of 2018, under Section 147, 148, 323, 324, 504, 506, 307, 302 IPC, Police Station-Swar, District-Rampur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

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The applicant will not tamper with the evidence during the trial.

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2.The applicant will not pressurize/ intimidate the prosecution witness.

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3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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4.The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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5.The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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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 :- 23.1.2019 P.P.

Kalyan Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kalyan Singh v. State of U.P.

Case brief

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