Kallu v. State of U.P.
Case brief
What is this about?
Bail application filed by Kallu in a case involving burning of a house. Court granted bail on personal bond and two sureties, noting five months of confinement and no reasonable apprehension of witness tampering.
What did the court decide?
Released on bail on personal bond and two sureties.
What the court decided
Neutral Citation No. - 2023:AHC:206224
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36944 of 2023
Applicant :- Kallu Opposite Party :- State of U.P. Counsel for Applicant :- Arun Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Sharma,J.
- Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record.
- The instant bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 158 of 2023, under Section 436 I.P.C., Police Station Sumerpur, District- Hamirpur, during the pendency of the trial.
- Learned counsel for the applicant submits that the applicant has not set the house of the informant on fire as he is the neighbour and his house is also adjacent to the house of the informant and there is every possibility of damaging his house also. It is next contended that neither in the F.I.R. nor in the site plan, there is whisper about the item/goods that have been burnt in the alleged incident. It is also contended that only out of apprehension, the instant F.I.R. has been lodged against the applicant, there is no independent witness of the alleged incident. The applicant himself informed the neighbourers about the firing in the house. The applicant has no criminal history, he is in jail since 02.05.2023, in case he is released on bail, he will not misuse the liberty.
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to be enlarged on bail in case of burning of house.
Parties & counsel
- applicant
Kallu
- respondent
State of U.P.
Coram
Umesh Chandra Sharma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- BAIL/36944/2023
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