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2025 DAILYLAW 24510 (ALL)

KRISHNA ALIAS KRISHNAKANT v. STATE OF U.P.

BAIL/7296/2025 · 2025-04-23

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:64034 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7296 of 2025 Applicant :- Krishna Alias Krishnakant Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Goswami,Sushil Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. Learned counsel for the applicant has argued that F.I.R. was lodged in unknown with the allegation that son of the applicant had been assaulted brutally by some unknown persons. The injured was medically examined wherein one lacerated wound with fracture was found on the head of the injured. The injured in his statement had stated that all the accused persons assaulted him with iron rod, Lathi and Danda, but no specific role assigned by him to the applicant. On same set of evidence two other co- accused, Sanjay Singh and Mohan Singh have already been enlarged on bail by this Court, therefore, the applicant may also be enlarged on bail on having similar role to that of the two co- accused, on the ground of parity. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that the applicant is in jail since 20.11.2024, with no criminal history. 3. Though, the learned A.GA. for the State has opposed the prayer for bail but he has not disputed the above submissions made on behalf of the applicant. 4. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 5. Let the applicant-Krishna Alias Krishnakant, be enlarged on bail in Case Crime No. 1002 of 2024, under Sections 191(2), 191(3), 109(1), 115(2), 352, 351(2) of B.N.S., Police Station- Highway, District- Mathura, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 6. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. Order Date :- 24.4.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad