Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9750 of 2016 Applicant :- Kalloo Chauhan alias Mahendra Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Prashant Kumar Singh,Vineet Singh Sengar Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Vineet Singh Sengar, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant-Kalloo Chauhan alias Mahendra Singh in Case Crime No.168 of 2015, under Section 302 I.P.C., Police Station Barra, District-Kanpur Nagar with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that it is a case of sudden fight and on the spur of moment the applicant is stated to have given a blow by Silbatta (stone) on the head of the deceased. It is argued that besides head injury four other injuries on non-vital parts of body were noted. On account of solitary injury on the head the deceased died. It is argued that there was no intention or motive for the applicant to commit murder of the deceased. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 01.04.2015, deserves to be released on bail.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant-Kalloo Chauhan alias Mahendra Singh be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 27.2.2019 MN/-