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2013 DIGILAW 1661 (ALL)

Kallo v. State of U. P.

2013-06-20

RAMESH SINHA

body2013
Ramesh Sinha, J.— Heard Sri M.B. Mathur, Advocate holding brief of Sri Preetpal Singh Rathore, learned counsel for the applicant and learned A.G.A. for the State. It has been contended by the learned counsel for the applicant that the present first information report was lodged under Section 156(3) Cr.P.C. by the complainant Leeladhar, which was treated as complaint case and the statement of the complainant and witnesses were recorded under Section 200 and 202 Cr.P.C. He further submitted that the allegation against the applicant is under Section 120-B I.P.C. and there is no cogent evidence against the applicant. The applicant is in jail since 13.5.2013 Learned A.G.A. opposed the prayer for bail but could dispute the aforesaid facts as argued by the learned counsel for the applicant. The case of the applicant is distinguishable from the case of co-accused Thhan Singh, Gopata Buda and Mantri Buda. Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case. Let the applicant Smt. Kallo involved in Case Crime No. 632 of 2010, under Sections 302, 120-B IPC, Police Station Zarif Nagar, District Budaun be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/intimidate the prosecution witness. (iii) The applicant will appear before the 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. It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted. In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail. _____________