In this criminal bail application, the Allahabad High Court allowed the applicant Krishna Kumar Shukla to be released on bail with personal bond and sureties in a case involving murder and attemptedmurder charges pending trial.
Release on bail by furnishing a personal bond and two local sureties.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28334 of 2021
Applicant :- Krishna Kumar Shukla Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Singh Sengar,Prabhakar Dwivedi,Thakur Prasad Dubey Counsel for Opposite Party :- G.A.,Dinesh Kumar Gupta,Sushil Kumar Dubey,Virendra Singh Parmar
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. S.K. Shukla, Advocate holding brief of Mr. Prabhakar Dwivedi, learned counsel for the applicant, Mr. Arvind Singh Parmar, Advocate holding brief of Mr. Virendra Singh Parmar, learned for the informant and Mr. Pankaj Srivastava, learned A.G.A for the State and perused the record.
The instant bail application has been filed on behalf of the applicant, Krishna Kumar Shukla with a prayer to release him on bail in Case No.783 of 2021 arising out of Case Crime No.334 of 2020, under Sections 302, 307, 324, 504, 506, 427 I.P.C., Police Station-Kuthaund, District-Jalaun, 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 has not committed the present offence. It is further submitted that no prima facie case is made out against the applicant. Initially in this matter FIR was lodged on 19.05.2022 for the offence under Section 307 IPC regarding the offence said to have been committed on 17.05.2022. Delay occurred in lodging of the FIR has not been properly explained. It was further argued that one FIR on the basis of order passed on application under Section 156 (3) Cr.P.C. for the offence under Section 307 IPC has also been lodged on the part of the applicant side regarding the same incident in which applicant side has also sustained injuries. If entire prosecution case is taken into consideration then present incident took place at spur of moment and it is the result of the sudden and grave provocation. It will not be possible at this stage to ascertain that which party was aggressor. Recovery is false and planted. No specific role was assigned in the FIR.
Learned counsel for the applicant further submits that coaccused of this case namely, Sonu @ Shiv Ganesh Shukla and Nripendra Narayan Shukla have been granted bail by the co-
ordinate benches of this Court, vide orders dated 12.07.2022 and 07.09.2022 in Criminal Misc. Bail Application Nos.55091 of 2021 and 3466 of 2022 respectively, therefore, the applicant is also entitled to be released on bail. The applicant is in jail since 02.01.2021. Applicant has criminal history of three cases, which have been explained in paragraph-4 of the rejoinder affidavit. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Learned A.G.A. as well as learned counsel for the informant argued that a prima facie case is made out. Although date and place of incident in both the FIR are same but applicant side was aggressor. One person belonging to the informant side died during treatment due to injuries sustained in the matter. One prosecution witness has been examined. Trial is in progress. Main role for causing injuries is assigned to the present applicant. Thus, prayer for rejection of the bail was made.
Considering the facts and circumstances of the case, the submissions made by the learned counsel for the parties and keeping in view the nature of the offence, complicity of the accused, scrutinizing the facts mentioned in the FIR, statement of witnesses recorded under Section 161 Cr.P.C. and without expressing any opinion on the merits of the case, 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 Shukla involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) 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.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial
and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails 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.
(iv) 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.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 1.12.2022 Rahul.
Digitally signed by RAHUL GOSWAMI Date: 2022.12.02 16:44:09 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to be released on bail in a murder case pending trial.
Krishna Kumar Shukla
State of U.P.
Manju Rani Chauhan
As recorded by the court registry
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