Allowed

Kalp Singh v. State of U.P.

Allahabad HC6 Nov 2019BAIL/46842/2019

Case brief

AI extract

What is this about?

Court allowed bail application of Kalp Singh, aged 63, implicated under Sections 498A, 304-B IPC and D.P. Act. Applicant, alleged father-in-law of deceased, was in jail since 5.9.2019. Court found no merit misuse likely and allowed bail with conditions.

What did the court decide?

Released on bail on furnishing personal bond and two heavy sureties subject to standard conditions including no tampering or evidence of similar offence.

Kalp Singh Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2019)

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46842 of 2019

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Applicant :- Kalp Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ravindra Nath Yadav,Akhilesh Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Om Prakash-VII,J.

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Sri Deepak Kumar Srivastava, learned Advocate on behalf of the informant is taken on record.

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Heard learned counsel for the applicant, learned counsel for the informant and learned A.G.A for the State and perused the record.

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It is submitted by learned counsel for the applicant that applicant is father-in-law of the deceased and is aged about 63 years. He has no concern with the present matter. General role has been assigned to him in the FIR and in the statement recorded under Section 161 Cr.P.C. Cause of death shown in the post mortem report is ante mortem injuries. Applicant was implicated in the matter on the ground that he is father-in-law of the husband of the deceased. He is languishing in jail since 5.9.2019 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. as well as learned counsel appearing for the informant stated that applicant was also involved in the present matter. Injuries are also found on the body of the deceased during post mortem. Initially she was beaten and thereafter done to death.

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Considering the facts and circumstances of the case, the submissions made by the learned counsel for the parties and keeping in view the nature of the offence, evidence, complicity of the accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant Kalp Singh involved in Case Crime No. 415 of 2019, under Sections 498A, 304-B I.P.C. and Section 3/ 4 D. P. Act, P.S. Jalalabad, District Shahjahanpur be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to the conditions :

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

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The applicant will not pressurize/ intimidate the prosecution witness. 3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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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. 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 prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 6.11.2019

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Sachdeva

Kalp Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kalp Singh v. State of U.P.

Case brief

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