Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41286 of 2017 Applicant :- Kalicharan @ Popal Opposite Party :- State Of U.P.
Counsel for Applicant :- Dwijendra Prasad Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Counter affidavit filed by learned A.G.A. is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against three accused persons, namely, Kali Charan @ K.P., Tinku @ Narij and Manoj alleging that on 04.12.2016 they kidnapped the son of the complainant Suraj Pal; subsequently he was recovered and stated that Tinku, Boby, Rinku Karwa and Karwa @ Popal this accused have kidnapped him.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; there is no independent witness against the applicant; accused Tinku and Kalicharan @ K.P. was released on bail by Special Judge Court No.3, Firozabad; the case of this accused is not grievous than the accused released on bail; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; general role has been assigned against all accused; there is no possibility to get this case decided shortly in near future; he is languishing in jail since 26.07.2016 (more than one year and eight months) criminal history of two cases against the applicant have been explained.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence the bail application is hereby allowed.
Let the applicant Kalicharan @ Popal involved in the Case Crime No. 403 of 2006, under Section 364 I.P.C., P.S. Tundla, District Firozabad be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 30.3.2018 A. Tripathi