Allowed

Kuldeep @ Gullu v. State of U.P.

Allahabad HC19 Sept 2022BAIL/35088/2022

Case brief

AI extract

What is this about?

The Court allowed a bail application filed by an accused charged with murder, affray, and unlawful assembly. The Court ordered the applicant's release on personal bond and two sureties, subject to specific conditions including appearance before the trial court and not tampering with evidence.

What did the court decide?

Release of the applicant on bail by furnishing a personal bond and two sureties on specified conditions.

Kuldeep @ Gullu Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2022)

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Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35088 of 2022 Applicant :- Kuldeep @ Gullu Opposite Party :- State of U.P. Counsel for Applicant :- Avnish Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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

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Learned counsel for the applicant has submitted that he is innocent and has falsely been implicated in this case for committing the murder of the deceased. As per F.I.R, there was dispute between Rajnesh and the deceased Abhishekh Yadav on 8.3.2022 regarding which an F.I.R was lodged on 11.3.2022 as crime No.144 of 2022 under sections 308 and 342 I.P.C as a result Rajnesh was making pressure on the deceased to withdraw the case else he would be killed. The deceased made complaint to S.S.P but Rajnesh was not arrested. In the meantime on 2.4.2022 at 11.00 o clock the friend of the deceased Vipin Pal made phone call to him that some persons were making assault on Abhisekh Yadav. When he reached on the place of occurrence, he saw Archi alias Gurma, Asha, Anil, Kuldip and Rajnesh were making the assault on the deceased. When the informant made hue and cry, they ran away. He took the deceased to the Pyarelal Hospital at Meerut from where he was referred to medical college but succumbed to injuries.

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Further submitted that later on during investigation the prosecution story was changed and false story was concocted that the deceased was in relation with Asha who was widow lady and the deceased demanded to Rs.2,00,000/- from her but she denied and the relation between both of them became strained.The deceased threatened her to make her obscene photo viral. The daughter of brother of Asha namely Mansi was in love affair with the present applicant Kuldeep alias Gulloo and wanted to marry with her. Asha said to Kuldeep alias Gulloo to teach the deceased a lesson then only she would marry Mansi with him. In pursuance of a plan the applicant committed murder of the deceased with Monu, Sonu, Abhai and Rajan and threw him before the house of Anil.

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Further submitted that the story as concocted by the prosecution is false because Mansi was married to this applicant eight months prior to the alleged incident. Therefore, there was no question to marry him. Further submitted that there is no any evidence on record to show that this applicant also took part in making assault on the deceased with the other co-accused

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persons. Nothing has been recovered from the possession or at the instance of this applicant.No any specific role has been assigned to him. He is languishing in jail since 3.4.2022 as having no any criminal antecedent. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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On the other hand, learned AGA opposed the prayer for bail.

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Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties 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.

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Let the applicant- Kuldeep @ Gullu, involved in Case Crime No.209 of 2022, under Sections 147, 148, 149, 304 I.P.C, P.S. Kankarkhera, District Meerut be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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The applicant will not tamper with the evidence during the trial.

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The applicant will not pressurize/ intimidate the prosecution witness.

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

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The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.

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

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 19.9.2022 G.S

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Digitally signed by GHAN SHYAM Date: 2022.09.21 17:56:38 IST Reason: Location: High Court of Judicature at Allahabad

Kuldeep @ Gullu v. State of U.P.

Case brief

What is this about?

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Kuldeep @ Gullu v. State of U.P.

Case brief

What is this about?

What did the court decide?

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