Kuldeep Vs State of U.P.

Court No. - 90

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19216 of 2022

Applicant :- Kuldeep Opposite Party :- State of U.P. Counsel for Applicant :- Vidya Bhaskar Singh,Anil Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 174 of 2022 at Police Station Roza, District Shahjahanpur under Section 306 IPC. The applicant is in jail since 01.04.2022.

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The bail application of the applicant was rejected by learned Additional Sessions Judge, Shahjahanpur, on 13.04.2022.

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Sri Anil Kumar Tiwari, learned counsel holding brief of Sri Vidya Bhaskar Singh, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The deceased is the father in law of the applicant. Learned counsel for the applicant then submits that the deceased was under pressure of local land mafias over his land holding. The deceased succumbed to the pressure and committed suicide. The applicant never demanded land from the deceased. The applicant did not aid or abet the suicide. The applicant has been nominated only on account of a matrimonial dispute.

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Learned counsel for the applicant contends that the applicant does not have any criminal history apart

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from the instant case. The applicant resides in Shahjahanpur and is not a flight risk. The applicant is a law abiding citizen who has cooperate with the police investigation. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

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I see merit in the submissions of learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Kuldeep be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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

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(iv) The applicant shall not directly or indirectly make 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 to any police officer or tamper with the evidence.

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In case any averment made in the bail application or the submissions during the course of argument are found to be false or in case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 16.12.2022 Pravin

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Digitally signed by PRAVIN VERMA Date: 2022.12.21 14:47:30 IST Reason: Location: High Court of Judicature at Allahabad

Kuldeep v. State of U.P.

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Kuldeep v. State of U.P.

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