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2015 DIGILAW 897 (ALL)

Shri Krishna v. State of U. P.

2015-04-20

HARSH KUMAR

body2015
JUDGMENT Harsh Kumar, J. Heard learned counsel for the applicant, learned A.G.A. and perused the record. 2. Learned counsel for the applicant contended that the applicant has been falsely implicated in the present case; that the applicant is not named in the F.I.R. which has been lodged after 12 days of the alleged incident of murder of Kushal Pal, who was the son of first informant; that after 10 months from the date of lodging of F.I.R. dated 26.10.2013, the name of applicant has been brought in light through affidavit dated 1.9.2014 of the first informant with the averment that the applicant and his son Bhola came to the first informant and his wife for 2-3 times and made extra-judicial confession that murder of their son Kushal Pal has been caused by them along with co-accused Dinesh and Mangla; that named co-accused Mangla and Dinesh have been granted bail by other Benches of this Court vide orders dated 28.1.2015 & 25.3.2015 passed in Criminal Misc. Bail Applications No. 2690 of 2015 & 9596 of 2015, respectively; that the applicant has no criminal history; that the applicant undertakes that he will not make misuse the liberty of bail; that the applicant is in custody since 3.9.2014. 3. Learned A.G.A. opposed the prayer of bail. 4. Upon hearing learned counsel and perusal of record and considering the complicity of offence, severity of punishment; grant of bail to co-accused as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail. 5. 3. Learned A.G.A. opposed the prayer of bail. 4. Upon hearing learned counsel and perusal of record and considering the complicity of offence, severity of punishment; grant of bail to co-accused as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail. 5. Let the applicant Shri Krishna be released on bail in Case Crime No.565 of 2013, under Sections 302, 201 I.P.C. and Section 3(2)(5) S.C./S.T. Act, P.S. Sasni Gate, District Aligarh, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions: - (i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C. (ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.