Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35603 of 2017 Applicant :- Kallo @ Sunil Opposite Party :- State Of U.P.
Counsel for Applicant :- Avanish Pratap Singh,Chandra Prakash Pandey,Udai Bhan Singh Counsel for Opposite Party :- G.A.
Hon'ble Sudhir Agarwal,J.
1. Heard Sri Noor Muhammad, learned counsel for applicant and learned A.G.A. for State.
2. This bail application has been moved by the accused-applicant for enlarging him on bail in Case Crime No.11 of 2017, under Sections 302 IPC, Police Station-Kakarwai, District-Jhansi.
3. Learned counsel for applicant contended that as per FIR version, Smt. Ram Pyari, applicant Kallu alias Sunil and Govindi, all collectively attacked maternal uncle (Mama) of informant namely Lalu Pal, causing serious injury, which ultimately proved fatal. There is no eye witness of the occurrence. Both co- accused Ram Pyari and Govindi have already been granted bail in Criminal Misc. Bail Application no.30504 of 2017 vide order dated 06.09.2017 and Criminal Misc. Bail Application No.19480 of 2017 vide order dated 08.06.2017 respectively. Applicant is in jail since 10.02.2017 and he has no criminal antecedent. There are no chances of applicant of fleeing away from judicial process or tampering with prosecution evidence. He undertakes to appear personally on each and every date and also not seek any unnecessary adjournment during trial. In case, he is enlarged on bail, he will not misuse liberty of bail.
4. Learned A.G.A. has opposed the prayer for bail.
5. Considering the facts and circumstances of the case, without expressing any opinion on merits of the case, I think it appropriate to release applicant on bail.
6. The application is allowed.
7. Let applicant, Kallo alias Sunil involved in aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with following conditions:
(i) The applicant will not temper with the evidence during trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appear before Trial Court on the date fixed.
(iv) The applicant shall report to the Police Station concerned in the first week of each month to show his good conduct and behaviour.
8. In case of breach of any of above conditions by applicant, the Court below shall be at liberty to cancel his bail.
Order Date :- 30.7.2019 Manish Himwan