Allowed

Kuldeep v. State of U.P.

Allahabad HC11 Jun 2021BAIL/13858/2021

Case brief

AI extract

What is this about?

In a bail application, the court considered arguments of false implication and assigned role as an informer. Balancing detention period with trial pendency and constitutional rights, the court granted bail subject to standard conditions including bond and non-tampering.

What did the court decide?

The applicant Kuldeep is released on bail upon executing a personal bond and two sureties subject to conditions including surrendering daily and not tampering with evidence.

Kuldeep Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 44

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13858 of 2021

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Applicant :- Kuldeep Opposite Party :- State of U.P. Counsel for Applicant :- Irshad Ahmad,Rajat Agarwal Counsel for Opposite Party :- G.A.,Akhilesh Srivastava,Saksham Srivastava

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Hon'ble Shamim Ahmed,J.

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This Court has convened through Video Conferencing.

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Heard learned counsel for the applicant, learned A.G.A. appearing for the State, Shri V.P. Srivastava, learned Senior Advocate assisted by Shri Saksham Srivastava, learned counsel for the informer and perused the record.

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Applicant has moved the present bail application seeking bail in Case Crime No.0254 of 2020, under sections 147, 148, 149, 307, 341 & 506 IPC, Police Station Rajabpur, District Amroha.

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Learned counsel for the applicant has submitted that no person was named in the first information report and their names were merged during the course of investigation after long time, therefore, the entire incident alleged to have been after thought and the applicant has been falsely implicated in this case with ulterior motive by the prosecution.

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Learned counsel for the applicant has further submitted that no specific role has been assigned to the applicant. His role is simply as an informer and the persons against whom allegation of firing has been levelled has already been granted anticipatory bail vide order dated 3.2.2021 passed in Criminal Misc. Bail Application No.2091 of 2021 and Criminal Misc. Bail Application No.6520 of 2021 dated 21.3.2021.

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Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been pointed out that the accused is not having any criminal history and he is in jail since 3.2.2021 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.

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Learned A.G.A. as well as Shri V.P. Srivastava, learned Senior Counsel assisted by Shri Saksham Srivastava, learned counsel for the informer opposed the prayer for bail.

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After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also in the absence of any convincing material to indicate the possibility of tampering with the evidence and mandate of Article 21 of the Constitution of India and the law laid down by the Hon'ble Apex Court in the case of Dataram Singh vs. State of UP and another, reported in (2018) 3 SCC 22, this Court is of the view that the applicant may be enlarged on bail.

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

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Let the applicant Kuldeep involved in Case Crime No.No.0254 of 2020, under sections 147, 148, 149, 307, 341 & 506 IPC, Police Station Rajabpur, District Amroha be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :-

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(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.

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(2) The applicant will personally appear on each and every date fixed in the court below and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.

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(3) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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(4) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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(5)The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad or certified copy issued from the Registry of the High Court, Allahabad.

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(6) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing

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It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.

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Order Date :- 11.6.2021

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SFH

Kuldeep v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kuldeep v. State of U.P.

Case brief

What is this about?

What did the court decide?

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