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2025 DAILYLAW 20104 (ALL)

KRISHNA KANT ALIAS KRISHNANAND ALIAS MAKKU v. STATE OF U.P.

BAIL/6917/2025 · 2025-04-28

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:66873 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6917 of 2025 Applicant :- Krishna Kant Alias Krishnanand Alias Makku Opposite Party :- State of U.P. Counsel for Applicant :- Avdhesh Narayan Tiwari Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant application has been filed under Section 483 of the BNSS, 2023 for seeking bail in Sessions Trial No. 71 of 2023 arising out of Complaint Case No. 94 of 2023 under sections 395, 323, 504, 506 IPC, Police Station - Kotwali Orai, District - Jalaun. 2. Learned counsel appearing on behalf of the applicant contends that the applicant is innocent person and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case due to ulterior motive. He is not named in the FIR. His name came into light in the statement of the complainant recorded under Section 200 Cr.P.C, but no role has been assigned to the present applicant. It is next submitted that there are no recovery from the pointing out of the applicant. The applicant has no criminal history to his credit. He is a man of clean antecedents. 3.. In view of the aforesaid facts, it is prayed that the applicant may be released on bail. He is languishing in jail since 23.1.2025. It is submitted that there is no chance of completion of trial in near future. It is further undertaken that applicant shall abide by all terms and conditions as imposed by the Court in case he is released on bail. 4. Per contra, learned counsel appearing on behalf of the State has vehemently opposed the instant bail application but he has not contradicted the aforesaid facts submitted by the learned counsel for the applicant during argument. 5. Heard learned counsel for the applicant, learned AGA for the State, perused the material available on record. 6. I have gone through the contents made in the application as well as the documents appended with the application and perused the material available on record. 7. As per records, allegation of assault has been assigned to co- accused Sandeep alias Sonu and the allegation of forcefully taking money from the complainant has been assigned to co-accused Amit Mishra. There is no role assigned to the present applicant. It is also informed to the Court that co-accused Amit Mishra has already been granted bail by the co-ordinate Bench of this Court, who is named in the FIR. A copy of the bail order dated 18.12.2024 is annexed as Annexure-8 to the paper book. Charge sheet has been filed and cognizance has been taken by the competent court and summoning order has been issued. There is no material on record to show that the applicant will not cooperate in the trial or will influence the witness. The applicant is languishing in jail since 23.1.2025 for more than 3 months. There is no possibility of completion of trial in near future. 8. Taking into consideration all entirety of the matter as discussed above, I am inclined to grant bail to the applicant. Accordingly, the bail application is allowed. 9. Let the applicant - Krishna Kant Alias Krishnanand Alias Makku, who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rupees Fifty thousand and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i). The applicant shall not tamper with the evidence. (ii) The applicant shall remain present, in person, 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./351 BNSS. If in the opinion of the Trial Court absence of the applicant is deliberate of without sufficient 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 29.4.2025 S.K.S. (Chandra Dhari Singh,J.) Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad