KUWARPAL ALIAS KUMARPAL ALIAS KUWARLAL v. STATE OF U.P.
BAIL/10163/2024 · 2025-07-09
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 32003 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 32003 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:111764 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10163 of 2024 Applicant :- Kuwarpal Alias Kumarpal Alias Kuwarlal Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Singh,Dileep Kumar Singh,Rohit Kumar,Shiv Sharan Tripathi Counsel for Opposite Party :- G.A.,Vipin Kumar Narauriya Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Akhilesh Singh, learned counsel for the applicant, Sri Vipin Kumar Narauriya, learned counsel for the informant, Sri Raj Bahadur Verma, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 178 of 2023 under Sections 498-A, 323, 506, 364, 120-B of I.P.C., Police Station- Dholna, District- Kasganj, during the pendency of the trial. 3. Contention of learned counsel for the applicant is that applicant is father-in-law of Rajni, who is missing for a long time as there was a dispute between Rajni and her husband, Shyam and in the F.I.R. itself, the allegation is against Shyam and applicant has been implicated merely because he is father of Shyam. It is further submitted that co-accused persons, Rajkumari @ Sarvesh Kumari, Awanesh, Geeta and Ram Urf Ramu have already been enlarged on bail by coordinate Benches of this Court vide orders dated 08.08.2024, 04.03.2025, 04.12.2023 and 30.04.2025 passed in Criminal Misc. Bail Application Nos. 10275 of 2024, 23148 of 2024, 47734 of 2023 and 23164 of 2024 respectively and, therefore, the applicant is also entitled to be released on bail on the ground of parity. It is also submitted that applicant
has no criminal antecedents to his credit. It is also submitted that the charge-sheet has already been filed. Therefore, there is no requirement of custodial interrogation. The applicant is languishing in jail since 20.10.2023. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Per contra, learned counsel for the informant and learned A.G.A. have vehemently opposed the prayer for bail but could not dispute the fact that applicant has parity with the co- accused persons who have already been released on bail. 5.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail on the ground of parity. 6. Let the applicant- Kuwarpal Alias Kumarpal Alias Kuwarlal involved in the aforementioned crime 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:- i. 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. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 10.7.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad