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2025 DAILYLAW 113420 (ALL)

KRISHNA KUMAR ALIAS BABA RAMAYAN v. STATE OF U.P.

BAIL/47406/2024 · 2025-02-13

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:21892 Court No. - 73 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47406 of 2024 Applicant :- Krishna Kumar Alias Baba Ramayan Opposite Party :- State of U.P. Counsel for Applicant :- Swati Agrawal Srivastava Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A for the State and perused the material brought on record. 2. This bail application has been filed by the applicant-accused in Case Crime No. 193 of 2020, under Sections - 147, 148, 149, 323, 307, 302, 452, 504, 506 I.P.C. and Section - 7 of Criminal Law Amendment Act, Police Station- Koraon, District- Prayagraj with the prayer to enlarge the applicant-accused on bail. 3. It has been argued by learned counsel for the applicant that applicant is innocent and he has falsely implicated in this case. It was submitted that F.I.R. has been lodged against 22 named persons, including applicant. The allegation that applicant was involved in the alleged incident is wholly false. Learned counsel has referred statement of alleged witness Sushil and submitted that no specific role has been assigned to the applicant. It was stated that as per prosecution version, death of deceased Ram Ji Singh was caused by applicant and co-accused Saheb Lal, Hari Krishna, Chandra Shekhar, Ashish Yadav and Surendra Singh. No specific weapon was assigned to the applicant. In the alleged incident, two more persons were murdered and co-accused persons, namely, Gyan Singh, Shiv Narayan, Ravi Singh, Dheer Singh Ram Singh, Surendra Singh and Budhiman Singh were assigned role of causing death of deceased Indra Bahadur and Ravindra Bahadur and they have been granted bail by this Court and by the co-ordinate Bench of this Court, copies of which, are available on record. Similar role has been assigned to the applicant- accused. It is further submitted that applicant has no criminal history and he is languishing in jail since 30.06.2020 but during trial only three witnesses have been examined so far and thus, trial of the case would take sufficient long time. 4. Learned A.G.A. and learned counsel for the informant have opposed the prayer for bail and submitted that there is evidence that applicant was involved in the incident. Applicant and co-accused Saheb Lal, Hari Krishna, Chandra Shekhar, Ashish Yadav and Surendra Singh were assigned role of causing injuries to deceased Ram Ji Singh. It was submitted that in the alleged incident, three persons were murdered and some persons were injured. 5. I have considered the rival submissions and perused the record. 6. Perusal of record shows that 22 persons including the applicant were named in the first information report. Applicant and co-accused Saheb Lal, Hari Krishna, Chandra Shekhar, Ashish Yadav and Surendra Singh were assigned role of causing injuries to deceased Ram Ji and other co-accused were assigned role of causing death of deceased Indra Bahadur and Ravindra Bahadur. No specific role or weapon has been assigned to the applicant in the first information report. Similarly placed co-accused persons, namely, Gyan Singh, Shiv Narayan, Ravi Singh, Dheer Singh, Ram Singh, Surendra Singh and Budhiman Singh, who were assigned role of causing injuries to deceased Indra Bahadur and Ravindra Bahadur, have already been granted bail by this Court and by co-ordinate Bench of this Court. The applicant is in jail since 30.06.2020 and during trial only three witnesses have been examined so far. 7. In view of aforesaid facts of the matter, without expressing any opinion on the merits of the matter, a case for bail is made out. 8. The bail application is allowed. 9. Let the applicant - Krishna Kumar Alias Baba Ramayan involved in aforesaid case be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions: i. The applicant shall not tamper with the evidence during the trial. ii. The applicant shall not pressurize/ intimidate any of the prosecution witness. iii. The applicant shall appear before the trial court on the date fixed, unless his personal presence is exempted. iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. v. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence. 10. In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant in accordance with law. Order Date :- 14.2.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad