Krishna v. State of U.P.
Case brief
What is this about?
Application for bail in an attempt to murder case. The High Court granted bail to the applicant upon furnishing a personal bond and two sureties, subject to specific conditions regarding trial attendance and conduct.
What did the court decide?
Released on bail by furnishing a personal bond and two local sureties each of the like amount.
What the court decided
Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39346 of 2020
Applicant :- Krishna Opposite Party :- State of U.P. Counsel for Applicant :- Kuldeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.
It is submitted by learned counsel for applicant that the applicant is wholly innocent and he has been falsely implicated in the present case due to village party bandi . The role of firing is assigned to co-accused Sonu @ Sameer whereas applicant has given the role of catching hold. It is next submitted that nothing incriminating has been recovered from the possession of the applicant or at his pointing out. The applicant does not have any criminal history. It is next contended that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is next contended by the learned counsel for the applicant that the applicant is in jail since 16.07.2020 and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail, but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant - Krishna, involved in case crime No. 261 of 2020, under Sections 307 IPC, police station -Syana, District -Bulandshahr be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned. It is further provided that this bail order available on the official website of the High Court will be taken to be the authentic one and certified copy shall be submitted before that court concerned as soon as it is issued.
Issues for consideration
2 issues framed by the court
Whether the applicant Krishna is entitled to be released on bail in a case involving attempt to murder under Section 307 IPC.
Whether the bail granted for the applicant will be subject to standard conditions including presence in court and non-tampering with witnesses.
Parties & counsel
- applicant
Krishna
Coram
Neeraj Tiwari
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- BAIL/39346/2020
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