Allahabad High Court
Kukkoo Singh vs State Of U.P. on 24 October, 2019
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30813 of 2019 Applicant :- Kukkoo Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Mahadeo Singh Chandel Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J.
Counter affidavit filed by learned AGA is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State.
It has been submitted that the intention of the applicant/applicants was not to cause culpable homicide not amounting to murder nor there was intention to cause dangerous injury nor he had intention to cause death. No such intention on the part of the applicant is apparent from the allegations on record. For implication under Section 308 I.P.C. intention forms necessary ingredient of offence. It precedes the act and should be discernible from the allegations, which is lacking in this case. Applicant is in jail since 26.06.2019 and has no criminal history to his credit.
On the other hand learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Kukkoo Singh, involved in Case Crime No.140 of 2018, under Sections 308 IPC, Police Station Pailani, District- Banda 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.
5. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 24.10.2019 SS