Allowed

Kosindra v. State of U.P.

Allahabad HC22 Sept 2022BAIL/1620/2022

Case brief

AI extract

What is this about?

The High Court allowed bail to the applicant in a criminal Misc. Bail Application under Sections 147, 148, 149 IPC and others. The release was granted to address larger mandate of Article 21 due to jail overcrowding, subject to specific conditions regarding appearance and conduct.

What did the court decide?

Release of applicant on bail by furnishing personal bond and two sureties with strict conditions.

Kosindra Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1620 of 2022

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Applicant :- Kosindra Opposite Party :- State of U.P. Counsel for Applicant :- Vivek Kumar Singh,Mayank Yadav Counsel for Opposite Party :- G.A.,Manoj Kumar Tripathi

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Hon'ble Siddharth,J.

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Heard Sri Vivek Kumar Singh, learned counsel for the applicant; Sri Manoj Kumar Tripathi, learned counsel for the informant; learned AGA for the State and perused the material placed on record.

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The instant bail application has been filed on behalf of the applicant, Kosindra, with a prayer to release him on bail in Case Crime No.703 of 2020, under Sections 147, 148, 149, 302, 307, 34, 120-B IPC, Police Station Chandpur, District- Bijnor, during pendency of trial.

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There is allegation against six accused persons in the FIR regarding causing of indiscriminate firing which resulted into death of one person.

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Learned counsel for the applicant has submitted that two bullet injuries have been found on the left side top of shoulder and left side back of chest of the deceased and two bullets have been recovered and preserved for forensic lab. The recovery of one country-made pistol of 315 bore was shown from the applicant on the pointing out of co-accused, Sukhdev @ Sukhvinder and Neeraj. Pistol of 12 bore was recovered, which has not been used in the alleged offence. It is a case of false implication. It is not clear, who is author of the aforesaid injury suffered by the deceased out of six accused persons including the applicant. The applicant has been falsely implicated in this case. He has criminal history of 10 cases explained in paragraph no.18 of the affidavit in support of the bail application and is languishing in jail since 01.7.2021. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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Per contra learned A.G.A. and learned counsel for the informant have opposed the prayer for bail of the applicant. From the case diary produced before this Court, submission of learned counsel for the applicant appears to be correct.

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Having considered the submissions of the parties noted above, larger mandate of the Article 21 of the Constitution of India, considering the dictum of Apex Court in the case of Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021, judgement dated 11.7.2022 and considering 5-6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime 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 with the following conditions that :-

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(i) The applicant shall not tamper with the evidence or threaten the witnesses.

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(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.

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(iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation then the Trial Court shall initiate proceedings against him in accordance with law under Section 174-A of the Indian Penal Code.

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(v) The applicant shall remain present in person before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 22.9.2022 Ruchi Agrahari

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Digitally signed by RUCHI AGRAHARI Date: 2022.09.23 13:34:15 IST Reason: Location: High Court of Judicature at Allahabad

Kosindra v. State of U.P.

Case brief

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Kosindra v. State of U.P.

Case brief

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