Allowed

Kishan Singh @ Krishna @ Dhillari v. State of U.P.

Allahabad HC16 Aug 2022BAIL/27491/2022

Case brief

AI extract

What is this about?

Hon'ble Subhash Vidyarthi, J. allowed a bail application. Considering general FIR allegations, minor injuries beyond two fractures, and the applicant's lack of criminal record while in custody, bail was granted subject to a bond and sureties with standard conditions against tampering with evidence or witnesses.

What did the court decide?

Applicant released on bail furnishing a personal bond and two sureties on conditions of not tampering with evidence or witnesses and appearing in court.

Kishan Singh @ Krishna @ Dhillari Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27491 of 2022

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Applicant :- Kishan Singh @ Krishna @ Dhillari Opposite Party :- State of U.P. Counsel for Applicant :- Arun Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Arun Kumar Singh, the learned counsel for the applicant, Sri Jitendra Kumar Jaiswal, the learned Additional Government Advocate and perused the record.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 52 of 2022, under Sections 323, 308, 504, 506, 325 IPC, Police Station Sumerpur, District Hamirpur during pendency of the trial in the Court below.

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The aforesaid case has been registered on the basis of an F.I.R. lodged against the applicant and another person Banna @ Guddu alleging that both the accused persons had beaten up the informant.

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The medical examination report of the injured-informant mentions a fracture in left hand and another fracture on left forearm. Apart from the aforesaid two injures, some simple injures have also been reported.

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In the affidavit filed in support of the bail application, it has been stated that the applicant has not committed any offence and he has been falsely implicated in the present case. It has further been stated in the affidavit that the applicant has no criminal history. The affidavit contains an undertaking that in case the applicant is released on bail, he will not misuse the liberty.

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The learned counsel for the applicant has submitted that the F.I.R. does not contain any specific allegation against the applicant and there are only general allegations against both the accused persons. He has further submitted that the applicant is languishing in jail since 07-03-2022 and, therefore, the applicant is entitled to be released on bail.

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Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail.

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Keeping in view the aforesaid facts that there are general allegations alleged in the F.I.R., that apart from two fractures suffered on the left hand of the injured, all other injuries are simple in nature, the applicant has no criminal history and he is languishing in jail since 07-03-2022, I am of the view that the applicant is entitled to be released on bail.

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In light of the preceding discussion and without making any observation on the merits of the case, the instant bail application is allowed .

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Let the applicant Kishan Singh @ Krishna @ Dhillari be released on bail in Case Crime No. 52 of 2022, under Sections 323, 308, 504, 506, 325 IPC, Police Station Sumerpur, District Hamirpur on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.

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Order Date :- 16.8.2022

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Jaswant

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Digitally signed by JASWANT KUMAR Date: 2022.08.17 12:22:29 IST Reason: Location: High Court of Judicature at Allahabad

Kishan Singh @ Krishna @ Dhillari v. State of U.P.

Case brief

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Kishan Singh @ Krishna @ Dhillari v. State of U.P.

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