Kallu v. State of U.P.
Case brief
What is this about?
Criminal Misc. Bail Application allowing the release of the applicant on bail subject to personal bond and two sureties after finding sufficient grounds regarding nature of offence and evidence.
What did the court decide?
Release of applicant on bail by furnishing a personal bond and two heavy sureties each.
What the court decided
Court No. - 49
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30308 of 2022
Applicant :- Kallu Opposite Party :- State of U.P. Counsel for Applicant :- Arjun Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Nalin Kumar Srivastava,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed any offence. Alleged offences are not made out against the applicant. The allegations made in the F.I.R. are false. Applicant has been languishing in jail since 11.05.2022 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail.
From the perusal of record, it reveals that the the supplementary statement of the informant Smt. Saloni was recorded during the course of investigation, wherein she stated that it was coaccused Rahul who stabbed the neck of witness Ravi Sonkar. The similar statement has been found in the version of both Ravi Sonkar and Golu under section 161 Cr.P.C. Grounds taken in the bail application are sufficient. Hence, keeping in view the nature of the offence, evidence, complicity of accused, severity of punishment, submissions of the learned counsel for the parties, the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, (2018) 3 SCC 22 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.
Issues for consideration
3 issues framed by the court
Whether the applicant has made out a case for bail in an offence under sections 307, 324, 323 and 504 IPC.
Whether the applicant can be released on bail without any threat to the chances of justice.
Whether the applicant will misuse the liberty of bail.
Parties & counsel
- applicant
Kallu
Coram
Nalin Kumar Srivastava
Bhanu Pratap Kushwaha
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- BAIL/30308/2022
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