Allowed

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

Allahabad HC3 Nov 2023/12068/2022

Case brief

AI extract

What is this about?

The High Court allowed a second bail application for an applicant who surrendered to custody because he could not meet a monetary condition imposed during his earlier bail. The court held such conditions impermissible per Supreme Court law and ordered release on bond.

What did the court decide?

Applicant released on bail on furnishing a personal bond and two sureties, subject to conditions against tampering with evidence and appearance in court.

Krishna Dev Vs State of U. P. Thru. Prin. Secy. Home Lko. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:72759

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12068 of 2022

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Applicant :- Krishna Dev Opposite Party :- State Of U. P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Jaikaran Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Jai Karan, learned counsel for the applicant, Smt. Parul Kant, learned A.G.A. for the State and perused the records.

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This is the second application seeking release of the applicant on bail in Case Crime No. 522 of 2021, under Sections 419, 420, 406, 504, 506 I.P.C., registered at Police Station Gurubuxganj, District Raebareli. The first application bearing Criminal Misc. Bail Application No.5373 of 2022 was allowed by means of an order dated 27.05.2022 but a condition was put in that order that the applicant would return an amount of Rs.7,13,000/- to the informant within a period of two months from the date of his release. The applicant was released on 26.07.2022 but as he could not arrange the money to return to the informant he again surrendered to the custody on 26.09.2022 and since then he is languishing in jail.

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The learned counsel for the applicant has submitted that even the charges have not been framed till date.

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The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant was

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granted bail by this court but with a rider mandating him to pay the disputed amount to the informant; that as per the law laid down by the Hon'ble Supreme Court no such condition can be imposed while granting a bail; that having failed to arrange the money the applicant again surrendered to custody immediately after expiry of the period of two months and since then he is languishing in jail without any progress in trial and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

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Accordingly, this bail application stands allowed .

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Let the applicant-Krishna Dev be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) the applicant shall not tamper with the prosecution evidence;

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(ii) the applicant shall not pressurize the prosecution witnesses;

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(iii) the applicant shall appear on each and every date fixed by the trial court.

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(Subhash Vidyarthi, J.)

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Order Date :- 3.11.2023 Ram.

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Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench

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

Case brief

What is this about?

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

Case brief

What is this about?

What did the court decide?

What the court decided

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