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Kallu Singh vs State Of U P

High Court Of Judicature at Allahabad|26 November, 2019
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JUDGMENT / ORDER

Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51885 of 2019 Applicant :- Kallu Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Manish Tandon,Prabhakar Chandel Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Manish Tandon, learned counsel for the applicant as well as Sri Ankit Shrivastav, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Kallu Singh with a prayer to release him on bail in Case Crime No. - 39 of 2019, under Sections - 363, 368, 504, 506 I.P.C., Police Station - Mau, District - Chitrakoot, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of abduction and other offence, punishable with imprisonment of 7 years;
(ii) against FIR lodged on 24.02.2019, the applicant is in confinement since 11.09.2019;
(iii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(iv) the applicant has no criminal history;
(v) chargesheet has already been submitted yet trial has not commenced. Therefore, there is no hope of early conclusion of the trial;
(vi) on prima facie basis only, it may be noted, according to the applicant earlier, the informant had lodged a missing person report in respect of his son namely Gore Lal, who had gone missing in the year 2018. While no action came to be taken in that regard, with a delay of more than one year, an FIR was lodged against the present applicant, merely on the information claimed to have been received by the first informant from the victim. Neither the victim has been recovered nor there is any information of his whereabouts. In any case, the applicant is claimed to have been falsely implicated in the present case inasmuch as there is no evidence to establish any connection with the disappearance of Gore Lal;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on his furnishing a personal bond and 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 by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 26.11.2019 Abhilash
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Title

Kallu Singh vs State Of U P

Court

High Court Of Judicature at Allahabad

JudgmentDate
26 November, 2019
Judges
  • Saumitra Dayal Singh
Advocates
  • Manish Tandon Prabhakar Chandel