Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 62436 (ALL)

BALLE @ KRISHNKANT v. STATE OF U.P.

BAIL/17984/2025 · 2025-05-25

Sameer Jain

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:90985 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17984 of 2025 Applicant :- Balle @ Krishnkant Opposite Party :- State of U.P. Counsel for Applicant :- Nanhe Lal Tripathi,Shyamli Tripathi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Nanhe Lal Tripathi, learned counsel for the applicant and Sri Santosh Nigam, learned A.G.A. for the State- respondent. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.48 of 2024, under Sections 323, 504, 304/34 I.P.C., Police Station Mahrauni, District Lalitpur, during pendency of the trial. 3. Learned counsel for the applicant submits that on the basis of false allegation and general allegation, applicant has been roped in the present matter alongwith his father and brother namely Udal Ahirwar and Parmanand and both the above named co- accused have been released on bail by Co-ordinate Bench of this Court and their bail orders have been annexed at Annexure- 12 to the affidavit and on facts case of applicant is at par with them. 4. He further submits that applicant is having no criminal history and he is in jail in the present matter since 11.03.2024 i.e. for last more than one year. 5. Per contra, learned AGA however opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 6. I have heard both the parties and perused the record of the case. 7. Considering the argument advanced by learned counsel for the applicant and the fact that similarly placed two co-accused Udal Ahirwar and Parmanand have already been released on bail by Co-ordinate Bench of this Court and applicant is having no criminal history and he is in jail in the present matter since 11.03.2024 i.e. for last more than one year, in my view, applicant is entitled to be released on bail. 8. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 9. Let the applicant- Balle @ Krishnkant be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti- social activity. 10. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 11. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 26.5.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad