Allahabad High Court
Kalpnath Upadhyay vs State Of U.P. on 16 June, 2010
Author: Bala Krishna Narayana
Bench: Bala Krishna Narayana
Court No. - 6 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12671 of 2010 Petitioner :- Kalpnath Upadhyay Respondent :- State Of U.P. Petitioner Counsel :- C.K.Rai Respondent Counsel :- Govt Advocate Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant and the learned A.G.A.
The applicant, Kalpnath Upadhyaya, seeks bail in case crime no. 571 of 2009, under Sections 498-A, 304-B I.P.C and Section 3/4 Dowry Prohibition Act, P.S.-Raunapar, District-Azamgarh, during the pendency of the trial.
It is contended by learned counsel for the applicant that co-accused Malti Devi has been granted bail by this Court vide order dated 17-05-2010 in Criminal Misc. Bail Application No. 7079 of 2010 and the case of the applicant is identical with the case of those co-accused, therefore, the applicant is also entitled to be enlarged on bail on the ground of parity.
The bail is however, opposed by the learned AGA.
Without expressing any opinion on the merits of the matter and on the ground of parity, I consider it appropriate to release the applicant on bail.
Let the applicant Kalpnath Upadhyaya involved in case crime no. 571 of 2009, under Sections 498-A, 304-B I.P.C and Section 3/4 Dowry Prohibition Act, P.S.-Raunapar, District-Azamgarh, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the following conditions:-
1. The applicant shall record his attendance before the concerned C.J.M. on 7th day of every month.
2. The applicant shall not tamper with the prosecution evidence.
3. The applicant shall co-operate in the early conclusion of the trial and will not seek any unnecessary adjournments.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 16.6.2010 RK/-