Kailash v. State of U.P. Thru. Prin. Secy. Home Lko.
Case brief
What is this about?
Bail granted on parity; murder case (S.302 IPC read with 147/148/149/323/201 IPC); Case Crime No.047 of 2023; P.S. Behtaj Mujawar, District Unnao; deceased Ram Sagar; applicant Kailash in custody since 9.03.2023; no criminal antecedents; parity with co-accused Kapil (Bail Application No.4290 of 2024, order dated 19.4.2024) and Seema @ Kamla and Komal (Bail Application No.13303 of 2023, order dated 26.02.2024); eyewitnesses Bal Govind and Fakirey Lal not supporting prosecution; discharge application dated 27.10.2023; conditions under Sections 229-A and 174-A IPC and Section 82 Cr.P.C.; High Court of Judicature at Allahabad, Lucknow Bench; Karunesh Singh Pawar, J.; order dated 23.7.2024.
What did the court decide?
Release of applicant Kailash on bail in Case Crime No.047 of 2023 subject to furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court, with conditions: (i) no tampering with evidence during trial; (ii) no pressurising/intimidating prosecution witnesses; (iii) no inducement, threat or promise to any person acquainted with the facts; (iv) undertaking not to seek adjournments on dates fixed for evidence when witnesses are present, default treated as abuse of liberty of bail; (v) presence before the trial court on each date fixed personally or through counsel, failing which action under Section 229-A IPC; (vi) on misuse of bail liberty and issuance of proclamation under Section 82 Cr.P.C. followed by non-appearance, proceedings under Section 174-A IPC.