Allowed

Kisan Singh @ Krishna v. State of U.P.

Allahabad HC4 Feb 2021BAIL/4392/2021

Case brief

AI extract

What is this about?

In a bail application, the High Court allowed the release of the applicant, Kisan Singh, involved in a case under Sections 392 and 411 IPC. The court referred to Data Ram vs. State of U.P. and granted bail subject to conditions including regular appearance, non-tampering with witnesses, and execution of a personal bond with two sureties.

What did the court decide?

The applicant is released on bail by executing a personal bond and furnishing two sureties, subject to conditions of appearance, non-tampering with witnesses, and no illegal activities.

Kisan Singh @ Krishna Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4392 of 2021

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Applicant :- Kisan Singh @ Krishna Opposite Party :- State of U.P. Counsel for Applicant :- Ram Chandra Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Supplementary affidavit filed on behalf of the applicant is taken on record.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

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By means of this application, the applicant who is involved in Case Crime No. 433 of 2020, under Sections 392 and 411 I.P.C., P.S. Jaithara, districtEtah, is seeking enlargement on bail during the trial.

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The first information report was lodged by the complainant against three unknown persons, who had looted Rs. 20,000/- and a mobile phone of mi company from her wife.

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Learned counsel for the applicant has submitted that the applicant was not named in the first information report. His implication in the present case is based upon his confessional statement made by him before the police after he was taken into custody is wholly inadmissible against him. Further submission is that no proper identification parade was conducted by the police to ascertain the recovered article and real culprit. He also submits that the offences are triable by the court of Magistrate. He lastly submits that the applicant is languishing in jail since 11.11.2020 and in case he is being released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Learned A.G.A. has vehemently opposed the prayer for bail and submitted that the applicant is having criminal history of two cases, hence he is not entitled to be enlarged on bail.

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In reply, learned counsel for the applicant submits that he has properly explained the criminal history in paragraph 10 of the affidavit accompanying the bail application.

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Keeping in view the nature of the offence, evidence, complicity of the

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accused, severity of the punishment, submissions of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.

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Let the applicant, Kisan Singh @ Krishna involved in the aforesaid case be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-

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The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 4.2.2021 Faridul

Kisan Singh @ Krishna v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kisan Singh @ Krishna v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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