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2025 DAILYLAW 35955 (ALL)

KRASHN KUMAR PANCHAL v. STATE OF U.P.

BAIL/11306/2025 · 2025-04-29

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:68016 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11306 of 2025 Applicant :- Krashn Kumar Panchal Opposite Party :- State of U.P. Counsel for Applicant :- Laxmi Narayan Rathour 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 submits that F.I.R. was lodged in unknown alleging therein that the motorcycle of the informant had been stolen by someone. After twenty days of the alleged incident of theft of motorcycle the police apprehended six persons including the applicant and from their joint possession 14 motorcycles have been shown to be recovered from their possession. The alleged recovery is not witnessed by any independent person. No identification parade has been conducted after the arrest of the applicant. As to the criminal history, there are seven cases into his credit and in three cases the applicant is on bail. 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 12.08.2024. 3. Though, the learned A.G.A. for the State has opposed the prayer for bail and contended that applicant is the habitual offender, therefore, he does not deserve to be enlarged on bail. 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-Krashn Kumar Panchal, be enlarged on bail in Case Crime No. 499 of 2024, under Sections 303(2), 317(2), 317(4), 318(4), 338, 336(3), 340(2), 3(5) of B.N.S., Police Station- Kotwali Orai, District- Jaluan, 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 :- 30.4.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad