Sri Krishna Vs State of U.P. Thru. Prin. Secy. Home U.P. Lko.

Neutral Citation No. - 2023:AHC-LKO:70955

Court No. - 12

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10970 of 2023

Applicant :- Sri Krishna Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. Counsel for Applicant :- Km. Saumya Tiwari,Anand Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record.

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The present second bail application has been filed on behalf of the applicant in Case Crime No.531 of 2021, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station- Gomti Nagar, District- Lucknow with the prayer to enlarge him on bail.

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Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the present case as his I.D. was misused but the applicant was implicated in the present case. He further submitted that first bail application of the applicant was rejected on 30.01.2023 but till today charge has not been framed as he is in jail since 21.10.2021 and he is aged about 62 years and there is no possibility of conclusion of trial in the near future, and the applicant has no criminal history. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.

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Learned A.G.A. opposes the prayer for grant of bail to the applicant and submitted that applicant has actively participated in the crime in question and sufficient evidence has been collected by the investigating officer therefore he is not entitled

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to be released on bail, but he does not dispute the fact that till today charge has not been framed despite the order of this Court for expeditious disposal of the case.

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Considering the rival submissions of learned counsel for the applicant, learned A.G.A. and going through the contents of FIR as well as other relevant documents, it is evident that on 30.01.2023 first bail application of the applicant was rejected with a direction to the trial Court for expeditious disposal of the case without giving any unnecessary adjournment to either of the parties but till today charge has not been framed, Considering the above, I am of the view that the applicant is entitled to be released on bail.

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Let the applicant- Sri Krishna , who is involved in aforementioned 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.

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(i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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(ii) The applicant shall not directly or indirectly make any 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 or to any police officer or tamper with the evidence.

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(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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

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abuse of liberty of bail and pass orders in accordance with law.

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(iv) 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 IPC.

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(v) 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., may be issued and if 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 IPC.

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(vi) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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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Trial Court is directed to conclude the trial of the case in question without giving any unnecessary adjournment to either of the parties.

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Order Date :- 30.10.2023 Vipul

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Digitally signed by :- VIPUL PRATAP GOGAL High Court of Judicature at Allahabad, Lucknow Bench

Sri Krishna v. State of U.P. Thru. Prin. Secy. Home U.P. Lko.

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Sri Krishna v. State of U.P. Thru. Prin. Secy. Home U.P. Lko.

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