Kalua vs State of U.P.

Neutral Citation No. - 2025:AHC:55193

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12108 of 2025

Applicant :- Kalua Opposite Party :- State of U.P. Counsel for Applicant :- V.S. Rajpoot Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri V.S.Rajpoot, learned counsel for the applicant and Sri Imran Khan, learned AGA, for the State.

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The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.20 of 2025, under Sections 281 and 105 BNS, Police Station Debai, District Bulandshahr during pendency of the trial.

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Learned counsel for the applicant submits that FIR of the present case was lodged on the basis of one alleged video dated 4.1.2025 and according to the alleged video applicant and deceased bet to pull the tractor by rope and in the incident deceased died.

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He further submits that it is a case in which neither there is any post mortem report of the deceased on record nor inquest was conducted but in spite of that applicant has been challaned for offence under Section 105 BNS.

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He further submits that even if allegations are accepted then also no offence under Section 105 BNS is made out against the applicant.

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He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 20.1.2025.

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Per contra, learned AGA although opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant.

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I have heard learned counsel for the parties and perused the record of the case.

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Considering the argument advanced by the learned counsel for the applicant and the nature of allegation levelled against the applicant and the fact that applicant is not having any previous criminal history and in the present in the matter, he is in jail since 20.1.2025, in my view, applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

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Let the applicant- Kalua be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) 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 or any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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It is clarified that the observations made herein are limited to

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the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 15.4.2025 SKM

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Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad

Kalua v. State of U.P.

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Kalua v. State of U.P.

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