In this bail application, the High Court allowed the release of the applicant on bail in a case involving Section 411 IPC and Arms Act offences, citing the nature of the offence, evidence, and complicity of the accused as grounds.
Release of the applicant on bail with a personal bond and two sureties, subject to conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24320 of 2022
Applicant :- Krishna Kumar @ Bheema Opposite Party :- State of U.P. Counsel for Applicant :- Prashant Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.301 of 2022, under Section 411 I.P.C. and Section 3/5/25 of Arms Act, P.S. Civil Lines, District Moradabad, during pendency of the trial.
It is argued by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. As per the recovery memo, one country made pistol and one .315 bore tamancha has been recovered from the possession of the applicant. It is further argued that co-accused, namely, Satyaveer Singh has been granted bail by Co-ordinate Bench of this Court vide order dated 9.6.2022 passed in Crl. Misc. Bail Application No.23342 of 2022, copy of the said order has been placed today which is taken on record. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 23.4.2022 and in case he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.
Learned A.G.A. has opposed the bail prayer of the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Krishna Kumar @ Bheema , who is involved in the aforesaid case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 20.6.2022 Deepika
Digitally signed by DEEPIKA SINGH Date: 2022.06.23 14:02:34 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant has made out a prima facie case for bail considering the facts and circumstances of the case.
Whether the other co-accused has already been granted bail allowing the applicant to do the same.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶9
Dataram Singh Vs. State of U.P. and another
Krishna Kumar @ Bheema
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
