Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10863 of 2021 Applicant :- Kalicharan @ Karua Opposite Party :- State of U.P.
Counsel for Applicant :- Mahendra Prasad Mishra,S.K. Verma,Sarvesh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by accused-applicant, Kalicharan @ Karua, in Case Crime No. 99 of 2020, under Sections 306, 201 IPC, Police Station Akrabad, District Aligarh.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 12.6.2020; he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail; first information report was got lodged on 4.5.2020, for an occurrence of 28.4.2020, by Sumit Goswami, Sub Inspector of Police, wherein it was specifically said that an information, as Event No. P 28042009647 through Dial 112, was given to police on 28.4.2020, for this no FIR was got lodged instantly, rather last rituals were performed, then after this concocted report on the basis of heresy, was got lodged. Whereas, it was a death of deceased and last rituals were performed as above, no offence was there. Co-accused Dheeraj and Lalun under similar placed circumstancesn have been enlarged on bail in this very case crime number by co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 39185 of 2020. Hence, bail has been prayed for.
Learned AGA has vehemently opposed, but could not dispute the fact that applicant is of no criminal antecedents; he is in languishing in jail since 12.6.2020 and co-accused Dheeraj and Lalu has been enlarged on bail by co-ordinate Bench as above.
Having heard and gone through materials placed on record, considering all those facts and circumstances as well as bail order of those two co-accused, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tempering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the accused-applicant, Kalicharan @ Karua, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 29.7.2021 Ravi Prakash