Allowed

Krishna @ Krishna Nand Vishwakarma v. State of U.P.

Allahabad HC6 Jul 2022BAIL/10420/2022

Case brief

AI extract

What is this about?

In a criminal miscellaneous bail application regarding an attempt to murder case under Section 307 I.P.C., the High Court allowed the plea after considering the Data Ram judgment. The applicant, who sustained injuries during an encounter, was granted bail on executing a personal bond with two sureties subject to standard conditions.

What did the court decide?

Applicant released on bail on executing a personal bond and furnishing two sureties with specific conditions against tampering and harassment.

Krishna @ Krishna Nand Vishwakarma Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 77

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10420 of 2022

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Applicant :- Krishna @ Krishna Nand Vishwakarma Opposite Party :- State of U.P. Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicant and the learned A.G.A.

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This is a bail application on behalf of the applicant Krishna alias Krishna Nand Vishwakarma in connection with Case Crime No.116 of 2021, under Section 307 I.P.C., Police Station Sakaldiha, district Chandauli.

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As per the prosecution version, the applicant was arrested along with a country-made pistol and Rs.1.59 lacs. The applicant and other coaccused persons were intercepted by the police on the information given by the police informer. The applicant was arrested after police encounter ,in which he sustained injuries. It was also mentioned that a reward of Rs.50,000/- was imposed upon the head of the applicant and the applicant was said to be a hardened criminal.

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The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the money alleged shown recovered from the applicant belongs to the applicant, which has been collected by his family members for the marriage of his sister. He submitted that there is no public witness of the alleged recovery. He submitted that previous criminal history of the applicant has satisfactorily been explained in paragraph no.11 of the paper book. He submitted that the applicant is languishing in jail since 02.08.2021, hence he is entitled to be released on bail and he will not misuse the liberty of bail and will cooperate in the trial.

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Learned A.G.A. has opposed the bail plea.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission 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, 2 , but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

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Accordingly, the bail application stands allowed.

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Let the applicant Krishna alias Krishna Nand Vishwakarma involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses;

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iii) The applicant shall appear on the date fixed by the trial court; iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;

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v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

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Order Date :- 6.7.2022

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R./

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Digitally signed by RAJEEV KUMAR SACHDEVA Date: 2022.07.07 12:24:20 IST Reason: Location: High Court of Judicature at Allahabad

Krishna @ Krishna Nand Vishwakarma v. State of U.P.

Case brief

What is this about?

What did the court decide?

Krishna @ Krishna Nand Vishwakarma v. State of U.P.

Case brief

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