Allowed

Kripa Narain Kushwaha @ Sheru v. State of U.P Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko.

Allahabad HC23 Apr 2024/1950/2024

Case brief

AI extract

What is this about?

High Court allows bail application regarding cases under Sections 307, 506 IPC. Court observed the injured witness declared hostile, finding applicant entitled to bail subject to strict conditions, including prohibition against tampering with evidence and mandatory appearance.

What did the court decide?

Applicant Kripa Narain Kushwaha released on bail on personal bond and two sureties subject to specified conditions regarding evidence and attendance.

Kripa Narain Kushwaha @ Sheru Vs State of U.P Thru. Prin… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:31904

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Court No. - 8

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1950 of 2024

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Applicant :- Kripa Narain Kushwaha @ Sheru Opposite Party :- State Of U.P Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. Counsel for Applicant :- Vineet Kumar Mishra 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 bail application has been filed on behalf of the applicant in Case Crime No.149 of 2022, under Sections 307, 506 I.P.C., Police Station - Para, 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 case on the ground that one complaint was made from the side of the informant against the applicant, as a result, applicant was implicated in a case related to the N.D.P.S. Act and he was challaned. He further submits that during the course of investigation, charge sheet was filed in the most mechanical manner. He further submits that no weapon was sent to the F.S.L. for examination and during the course of trial, statement of injured was recorded by the trial court, in which, he has not supported the prosecution version. He also submits that applicant is also implicated in two other cases and in both the cases, he is on bail. He further submits that applicant is in jail since 7.4.2022 and trial is not going on, therefore, applicant is entitled for bail.

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Learned A.G.A. has opposed the prayer for grant of bail, but he does not dispute this fact that injured witness was declared hostile.

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Considering the rival submissions of learned counsel for applicant, learned A.G.A., material available on record, contents of F.I.R., other

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relevant documents, nature of offence as well as facts and circumstances of the case, it is evident that injured witness has not supported the prosecution version, therefore, I am of the view that the applicant is entitled to be released on bail.

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Let applicant - Kripa Narain Kushwaha @ Sheru - be released on bail in aforesaid Case Crime, on his furnishing personal bond and two reliable sureties each of 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 ofÏcer 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 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 sufÏcient 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,

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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 sufÏcient 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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Order Date :- 23.4.2024 Gaurav/-

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Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench

Kripa Narain Kushwaha @ Sheru v. State of U.P Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko.

Case brief

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Kripa Narain Kushwaha @ Sheru v. State of U.P Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko.

Case brief

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What did the court decide?

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