Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10564 of 2018 Applicant :- Kesh Pal Alias Kesh Lal Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohd. Abrar Khan,Dileep Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged against Shardha, Shrinath, Lallan and Kesh Pal alleging that on 20/21.8.2016 at 12:30 (Night) they assaulted Rajesh with sharp- edged weapon. He received three incised wounds and died resultantly. Specific role was assigned to Shardha and weapon was recovered from his possession.
It is submitted by learned counsel for the applicant that main accused Shardha Prashad has already been enlarged on bail by coordinate Bench of this Court vide order dated 22.2.2017 passed in Criminal Misc. Bail Application No.6186 of 2017 (Bail order is annexed as annexure 9 to the bail application). Specific role has been assigned to co-accused Shardha Prasad. There is no legal evidence against this accused. He has been falsely implicated in the present case. He is languishing in jail since 8.2.2018(more than two and half month) having no criminal history. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that the applicant has no criminal history.
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 view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Kesh Pal @ Kesh Lal involved in Case Crime No.278 of 2016, under Section 302 IPC, Police Station Karari, District Kaushambi be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions: 1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him 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 :- 30.4.2018 P.P.