Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3877 of 2019 Applicant :- Suvendra @ Kalla Opposite Party :- State Of U.P. Counsel for Applicant :- Manish Yadav Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant submits that the applicant is not named in the F.I.R. The name of the applicant came into light during investigation after 15 days of the alleged incident. In the second statement of informant Kuldeep Singh under section 161 Cr.P.C., he has stated that he cannot say anything about the applicant. There is no eye witness of the alleged occurrence. The applicant has been falsely implicated in this case only on the basis of suspicion. Nothing incriminating article has been recovered from the possession of the applicant or on his pointing out. The co-accused Kaushal Koshore having identical role has already been released on bail by another bench of this court vide order dated 1.11.2018 in Cr. Misc.Bail Application No. 39914 of 2018, therefore, applicant is also entitled for bail on the ground of parity. There is no criminal history of the applicant and is in jail since 12.11.2018.
Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that the co-accused Kaushal Koshore having identical role has already been released on bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Suvendra @ Kalla involved in Case Crime No.35 of 2017, under Section 302 IPC Police Station Nagla Khangar District Firozabad 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;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and he will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 28.1.2019 Gss