Allowed

Kapil Alias Ishu v. State of U.P.

Allahabad HC15 May 2019BAIL/7354/2019

Case brief

AI extract

What is this about?

The High Court allowed a bail application by Kapil Alias Ishu. Despite being in jail since May 5, 2019, the Court deemed it a fit case for bail citing allegations of false implication to prevent the applicant from testifying regarding his father's murder.

What did the court decide?

Released on bail on personal bond and two sureties with conditions against tampering, cooperating in trial, and not committing further crimes.

Kapil Alias Ishu Vs State of U.P. — Child Sexual Offences (POCSO) | Allahabad HC (2019)

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Court No. - 22

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7354 of 2019

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Applicant :- Kapil Alias Ishu Opposite Party :- State Of U.P. Counsel for Applicant :- Arvind Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Kumar,J.

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

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This bail application has been preferred by the accusedapplicant, who is involved in Case Crime No.15 of 2019 under Sections 341, 354-B I.P.C. and Section 8 Protection of Children from Sexual Offences Act, 2012, Police Station Gulawathi, District Bulandshahar.

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Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated. Further submission is that the father of the applicant, namely, Virendra, has been murdered by the father of the informant and others in which case applicant is a witness, therefore, with a view to put pressure upon the applicant not to depose against them, present F.I.R. has been lodged with false and fabricated allegations. The applicant has no previous criminal history. He is in jail since 5.1.2019. If he is granted liberty, he will not misuse the same.

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Learned A.G.A. has vehemently opposed the prayer for grant of bail.

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Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.

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Let the applicant Kapil @ Ishu involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

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He shall cooperate in the trial bonafidely without seeking adjournments.

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He shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 15.5.2019

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Ram Murti

Kapil Alias Ishu v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kapil Alias Ishu v. State of U.P.

Case brief

What is this about?

What did the court decide?

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