Allowed

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

Allahabad HC5 Mar 2024BAIL/2566/2024

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a bail application filed under the IPC and Arms Act. The judge released the applicant on bail citing the lack of independent witnesses during recovery, the applicant's clean antecedents, and his prolonged custody, imposing conditions including personal bonds and sureties.

What did the court decide?

Applicant released on bail by furnishing personal bonds and two reliable sureties of Rs.20,000/- each.

Krishna Kumar vs State of U.P Thru. Prin… — Murder and Culpable Homicide | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:38527

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2566 of 2024 Applicant :- Krishna Kumar Opposite Party :- State Of U.P Thru. Prin. Secy. Home Civil Secrt. Lko. Counsel for Applicant :- Virendra Kumar Shukla Counsel for Opposite Party :- G.A.,Surendra Pratap Singh

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Hon'ble Pankaj Bhatia,J.

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1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

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2 . The applicant seeks enlargement on bail in FIR No.3 of 2024, under Sections 392, 411, 506 IPC and Section 3/25 of Arms Act, Police Station Musafirkhana, District Amethi.

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3 . In terms of the FIR, the allegations against the applicant were levelled under Section 392 read with Section 506 of IPC.

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4 . It is argued by the Counsel for the applicant that the recovery was not in the presence of independent witness. The applicant has no criminal antecedents and is in custody since 12.01.2024.

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5. Learned A.G.A. vehemently opposed the bail prayer.

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6. Considering the fact that the recovery is not in the presence of any independent witness coupled with the fact that the applicant has no criminal antecedents and is languishing in jail since 12.01.2024, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed .

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7. Let the applicant Krishna Kumar be released on bail in the abovesaid first information report number on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the court concerned with the following conditions:

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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(c) 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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Order Date :- 21.5.2024

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akverma

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Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench

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

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

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