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2025 DAILYLAW 107848 (ALL)

KRISHNAPAL ALIAS K.P. v. STATE OF U.P.

BAIL/42780/2024 · 2025-02-27

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:28905 Court No. - 84 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42780 of 2024 Applicant :- Krishnapal Alias K.P. Opposite Party :- State of U.P. Counsel for Applicant :- Abhay Singh,Krishna Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Supplementary affidavit filed today by learned counsel for the applicant is taken on record. 2. Heard Sri Krishna Kumar Shukla, learned counsel for the applicant and Shri Ashwini Yadav, the learned AGA for the State. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 404 of 2024, under Sections 307 IPC and Section 3/25 of Arms Act, Police Station Izzat Nagar, District Bareilly. 4. The aforesaid case has been registered on the basis of F.I.R. lodged by the Inspector In-charge of the police station on 30.06.2024 against the applicant and one Subhash Lodhi, stating that a car in which the accused persons were travelling, was intercepted on the basis of information received from a Mukhbir whereupon the accused persons fired at the police party. No person from the police team got any injury in the incident and both the accused were shot in their leg. 4. In the affidavit filed in support of the bail application, applicant's involvement in 14 cases has been disclosed and his involvement in three more cases has been disclosed in the supplementary affidavit, in all of which the applicant has been granted bail. 5. Co-accused Subhash Lodhi has already been granted bail by this Court vide order dated 27.02.2025 passed in Criminal Misc. Bail Application No. 46783 of 2024 and the case of the applicant is similar to that of co-accused Subhash Lodhi, hence the applicant is also entitled for bail on the ground of parity. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that although it is alleged that the accused persons fired at the police party, no police person had received any injury and both the accused persons have received injury, I am of the view that the applicant is entitled to be released on bail. 7. Accordingly, this bail application stands allowed. 8. Let the applicant- Krishnapal @ K.P. be released on bail in the aforementioned 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:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court. (Subhash Vidyarthi, J.) Order Date :- 28.2.2025 Shiraz Digitally signed by :- SHIRAZ ALI High Court of Judicature at Allahabad