Court allowed bail application for Kishanpal@ Karru prosecuted under IPC sections for grievous hurt and criminal intimidation. Bail granted due to lack of flight risk and parity with co-accused, despite criminal history.
Allowed bail on furnishing a personal bond and two sureties each in like amount.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20580 of 2022
Applicant :- Kishanpal@ Karru Opposite Party :- State of U.P. Counsel for Applicant :- Abhinab Mishra Counsel for Opposite Party :- G.A.,Mahendra Singh
Hon'ble Chandra Kumar Rai,J.
Heard Mr. Abhinab Mishra, learned counsel for the applicant, Mr. Mahendra Singh, learned counsel for the first informant as well as learned A.G.A. and perused the record.
The instant bail application has been filed on behalf of the applicant- Kishanpal@ Karru with a prayer to release him on bail in Case Crime No.164 of 2019, under Sections 323, 324, 325, 308, 504 and 506 I.P.C., Police Station Zarif Nagar, District Badaun, during pendency of trial.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He further submitted that in the F.I.R., general role has been assigned to all the accused person including applicant. He further submitted that injuries caused to the injured are not fatal, which may cause the death. He further submitted that no weapon of assault has been recovered from the possession of the applicant. He further submitted that co-accused namely; Manmu and Naresh have been granted bail by co-ordinate Bench of this Court vide its order dated 18.04.2022 passed in Criminal Misc. Bail Application No.8787 of 2022. He further submitted that the criminal history of the applicant has been explained in Para No.4 of the supplementary affidavit filed in support of bail application, in which he is on bail and copy of the bail orders are annexed at Annexure No.S.A.2 to the supplementary affidavit. He further submitted that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence and he is languishing in jail since 10.12.2021.
Lastly it is submitted by the learned counsel for applicant that the applicant shall not abscond and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.
Learned A.G.A. as well as learned counsel for the first informant have vehemently opposed the prayer for bail by
stating that this is not a case of parity, as applicant is having criminal history of several cases, as such he could not be given parity to the co-accused namely; Mannu and Naresh, who had no criminal history.
In reply to the arguments of learned counsel for the first informant, learned counsel for the applicant submits that the criminal history has sufficiently been explained in Para 4 of the supplementary affidavit stating that the applicant is on bail in all cases and as such, applicant is entitled to be released on bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail. The bail application is allowed .
Let the applicant- Kishanpal@ Karru involved in aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 26.5.2022 Zafar
Digitally signed by MOHAMMAD ZAFAR ANSARI Date: 2022.05.30 09:59:33 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail considering the nature of offences and criminal history.
Whether parity with co-accused who were already on bail justifies release on bail.
Kishanpal@ Karru
Chandra Kumar Rai
Mohammad Zafar Ansari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
