Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:83950 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16129 of 2025 Applicant :- Kalyan Singh Opposite Party :- State of U.P. Counsel for Applicant :- Brajesh Kumar Solanki,Devbrat Mukherjee Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Sri B.K. Solanki, learned counsel for the applicant and Sri R.N. Srivastava, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 90 of 2018, under Sections 302, 201, 34, 120B IPC, Police Station Kotwali Kalpi, District Jalaun during pendency of the trial. 3. Learned counsel for the applicant submits, however, applicant was named in the FIR along with others but during investigation his involvement was found false and no charge- sheet was filed against him but during trial when informant Munni was examined by the trial court as PW-1 then she again disclosed the name of applicant along with others and thereafter applicant has been summoned under Section 319 Cr.P.C.
4. He further submits, it is a case of circumstantial evidence and there is no cogent circumstance against the applicant on record. 5. He further submits, even named co-accused against whom charge-sheet was filed have been released on bail and their bail orders have been annexed along with instant bail application. 6. He further submits, applicant is however having criminal history of one another case but that case relates to minor offence and in the present matter applicant is in jail since
28.03.2025. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. Considering the argument advanced by learned counsel for the applicant and the fact that during trial under Section 319 Cr.P.C. applicant has been summoned and three co-accused against whom charge-sheet was filed have already been released on bail and criminal history of solitary case of the applicant has been explained in the instant bail application and in the present matter applicant is in jail since 28.03.2025, in my view, applicant is entitled to be released on bail. 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 11.
Let the applicant - Kalyan Singh be released on bail in the aforesaid case on 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 appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti- social activity.
12. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.
13. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.
Order Date :- 19.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad