Allowed

Krishn Kumar @ Krishna @ Chhotu v. State of U.P. and 3 Others

Allahabad HC3 May 2023BAIL/14209/2023

Case brief

AI extract

What is this about?

In a criminal miscellaneous bail application under Sections 354, 323, 506 IPC and POCSO Act, the Allahabad High Court, while referring to Satendra Kumar Antil, held that the applicant had made out a case for bail despite prima facie offence involvement and allowed release on personal bond with sureties.

What did the court decide?

Released on bail by filing personal bond with two sureties each in like amount, subject to specific conditions against tampering, harassment, and delaying the trial.

Krishn Kumar @ Krishna @ Chhotu Vs State of U.P. and 3… — Domestic Violence | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:102744

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14209 of 2023

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Applicant :- Krishn Kumar @ Krishna @ Chhotu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Harish Chandra Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicant and Shri D.P.S. Chauhan, learned A.G.A. appearing for the State and perused the record.

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It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that a concocted and false story has been set up by the prosecution whereas the applicant has not committed any offence as alleged in the F.I.R. It is further submitted that statements of victim was recorded under sections 161 & 164 Cr.P.C. and there is contradiction in both the statements. It is further submitted that uncle of victim has denied for conducting the medical examination of victim, this act itself belies the prosecution version. It is further submitted that ingredients of offences are absent and entire prosecution story is based on false and frivolous allegations. It is further submitted that trial is not likely to be concluded in near future. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 01.02.2023 and he has no criminal history.

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Learned A.G.A. has vehemently opposed the prayer for bail and has submits that prima facie offence against the accused applicant is made out and in case applicant is release on bail, he will misuse the liberty of bail, but, he could not disputed the aforesaid facts.

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Considering the entire facts and circumstances of the case,

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submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused, looking to the delay in conclusion of trial, and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant Krishn Kumar @ Krishna @ Chhotu involved in Case Crime No. 33 of 2023, under Sections 354, 323, 506 I.P.C. and section 9/10 POCSO Act, Police Station Prem Nagar, District Jhansi be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.

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(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activities.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Order Date :- 3.5.2023

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Bhanu

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Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad

Krishn Kumar @ Krishna @ Chhotu v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Krishn Kumar @ Krishna @ Chhotu v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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