Allowed

Arvind @ Kallua v. State of U.P.

Allahabad HC10 Jul 2019BAIL/9601/2018

Case brief

AI extract

What is this about?

In a criminal miscellaneous bail application, the high court granted bail to the applicant, a person accused of murder and causing hurt, on ensuring personal bond with two sureties and complying with specific conditions to prevent evidence tampering.

What did the court decide?

The prayer for bail is granted. The applicant is released on bail on executing a personal bond and furnishing two sureties.

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

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Court No. - 51

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9601 of 2018

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Applicant :- Arvind @ Kallua Opposite Party :- State Of U.P. Counsel for Applicant :- Ansar Ahmad Counsel for Opposite Party :- G.A.

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Hon'ble Vipin Sinha,J.

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Supplementary affidavit filed in Court today is taken on record.

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Heard learned counsel for the applicant and learned A. G. A. for the State.

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Applicant has moved the present bail application seeking bail in Case Crime No. 140 of 2014, under Sections 302, 201 I.P.C., P.S. Basraher, District Etawah.

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I have perused the prosecution story as set up in the F.I.R. and also the bail rejection order.

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The contention as raised at the bar by learned counsel for the applicant is that the applicant has been falsely implicated in the present case; the applicant has no role to play in controversy involved in issue; the applicant was not named in the FIR; it has been informed that co-accused Deepa @ Deepu and Surabha @ Baba have already been granted bail by other benches of this Court. In view of the said fact, an inquiry was made as to why the applicant has not approached earlier and as to what the status of the trial to which it has been informed that till date not a single witness has been examined; criminal history of the applicant has been explained in the affidavit accompanying the bail application. The accused applicant is in jail since 13.11.2015 and in case he is released on bail, he will not misuse the said liberty.

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The bail application has been vehemently opposed by learned A. G. A.

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Without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.

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The prayer for bail is granted. The application is allowed.

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Let the applicant Arvind @ Kallua involved in the aforesaid case crime number be released on bail on 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 not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses.

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iii) The applicant shall appear on the date fixed by the trial court.

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iv) The applicant shall not commit an offence similar to the offence of

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which the applicant is accused, or suspected of the commission, of which applicant is suspected.

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

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In case of default of any of the conditions enumerated above, the learned counsel for the complainant is free to move an application for cancellation of bail before this Court.

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Order Date :- 10.7.2019 Kuldeep

Arvind @ Kallua v. State of U.P.

Case brief

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Arvind @ Kallua v. State of U.P.

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