Allowed

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

Allahabad HC12 Jan 2024/83/2024

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application allowed. Court held it was a fit case to enlarge the applicant on bail who was languishing in jail without criminal antecedents. Bail granted subject to personal bond, two sureties, and specific conditions to prevent tampering with evidence or witnesses. Conditions include presence at trial court and compliance with proclamation proceedings.

What did the court decide?

Release on bail subject to personal bond and two sureties with conditions regarding appearance, witness tampering, and proclaimation proceedings.

Krishna Kumar Vs State of U.P. Thru. Prin. Secy. Home Lko — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:3925

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Court No. - 14

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 83 of 2024

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

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the record.

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In the prosecution case, it is alleged that on 16.04.2021 at about 5 PM, while the informant was fetching water from the government hand pump, the accused persons who were four in number came armed with lathi and danda and due to enmity for fetching water from the govt. hand pump, they started beating. After listening the screaming of the informant, brother of the informant Hem Singh, mother of the informant Rani and sisterin-law Hemrani ran towards him to rescue, then the accused persons also beaten them. They sustained injuries. Deceased Rani received grievous injuries and from CHC Harpalpur, she was referred to District Hospital where she was admitted and after being admitted several days in the hospital she died.

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Learned counsel for the applicant submits that the co-accused Ashok Kumar who was assigned the similar role has been enlarged on bail by the coordinate Bench of this Court vide order dated 14.12.2023 passed in Criminal Misc. Bail Application No. 14735 of 2023. Another co-accused namely Asha Devi has also been enlarged on bail, copy of which is also on record. Learned counsel for the applicant claims parity with the order of the co-accused persons.

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It is further submitted that the applicant is languishing in jail since 25.05.2023 without having any criminal antecedent there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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On due consideration to the fact that general allegations of

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assault have been levelled against all four accused persons so also the fact that applicant is languishing in jail since 25.05.2023 without having any criminal antecedent and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, the bail application is allowed.

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Let the applicant, Krishna Kumar, involved in Case Crime/FIR No. 254/2021, under Sections 323/325/304/504/506 IPC Police Station - Sandi, District - Hardoi, 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 with the following conditions which are being imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) 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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(iv) 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.

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(v) 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.

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(vi) 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.

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Order Date :- 12.1.2024 R.C.

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

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

Case brief

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

Case brief

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