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2015 DIGILAW 1084 (ALL)

Kallu @ Kallyan v. State of U. P.

2015-05-04

RAJESH DAYAL KHARE

body2015
JUDGMENT Rajesh Dayal Khare, J. Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record. 2. It is contended by the learned counsel for the applicant that the applicant is not named in the first information report and his name came into light in the confessional statement of Chhota @ Veerpal. It is contended that nothing has been recovered from the applicant. It is next argued that Chhota @ Veerpal has already been granted bail by another Bench of this Court vide order dated 24.2.2015 in Criminal Misc. Bail Application No. 6613 of 2015, copy of which has been filed as annexure-2 to the affidavit accompanying this bail application. It is next contended that the applicant did not have any criminal history prior to lodging of the present case and he has been falsely implicated in the present case due to ulterior motive. It is next contended that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is next contended by the learned counsel for the applicant that the applicant is in jail since 24.3.2015 and in case he is enlarged on bail, he will not misuse the liberty of bail. 3. Learned A.G.A. has opposed the prayer for bail. Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant Kallu @ Kallyan, involved in case crime No. 301 of 2014, under Section 394 IPC, police station Bilsi, District Budaun be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned on the 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. 4. In case of default of any of the conditions enumerated above, the order granting bail shall automatically stand cancelled.