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2025 DAILYLAW 21471 (ALL)

KRISHANLAL @ KISHANU v. STATE OF U.P.

BAIL/7747/2025 · 2025-03-04

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:31292 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7747 of 2025 Applicant :- Krishanlal @ Kishanu Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Amit Kumar Yadav, learned counsel for the applicant, Shri D.P.S. Chauhan, learned AGA for the State-respondents and learned counsel for the first informant and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Krishanlal @ Kishanu, seeking enlargement on bail in Case Crime No. 202 of 2024, under Sections 191(2), 109(1), 3(5) of the Bharatiya Nyaya Sanhita, 2023, Police Station- Saidpur, District- Ghazipur. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number due to land dispute between the parties and is languishing in jail since 12.10.2024. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicant submits that the applicant is named in the FIR, but no specific allegation against the applicant has been made in the FIR. No useful purpose would be served by detaining the applicant. Co-accused namely Vinod Yadav @ Deu, Ajit Yadav and Sudama Yadav have already been released on bail vide orders dated 17.01.2025, 17.01.2025 and 29.11.2024 passed in Crl. Misc. Bail Application Nos. 43430 of 2024, 42917 of 2024 and 42763 of 2024. Hence, bail has been prayed for. Learned counsel for the informant as well as learned AGA has vehemently opposed the prayer for bail. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Krishanlal @ Kishanu, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 5.3.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad