Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:12073 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31101 of 2024 Applicant :- Krishan Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Kanojia,Rajneesh Kumar Upadhyay Counsel for Opposite Party :- G.A.,Pramod Shukla Hon'ble Ashutosh Srivastava,J. Heard Sri Rajesh Kumar Kanojia, learned counsel for the applicant, Sri S. K. Ojha, learned AGA for the State-Respondent and perused the record. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Krishan, seeking enlargement on bail in Case Crime No. 563 of 2024, under Sections 147, 148, 149, 452, 504, 427, 307 of the Indian Penal Code, Police Station Baghpat, District Baghpat.
Learned counsel for the applicant submits that according to the FIR, the applicant along with co-accused on the day of incident entered in the house of the informant and attacked on them with an axe. They were beaten with iron rods and sticks with the intention to kill them, due to which they suffered serious injuries. According to the medical report, there are 11 injuries on the body of the victim.
Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. Learned counsel for the applicant further submits that no specif role has been assigned to the applicant and only general role has been assigned to the applicant. The applicant is 63 years old person and has been roped in the present case due to party-bandi of the village. The applicant is languishing in jail since 30.06.2024. The applicant 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. Hence, the bail has been prayed for.
Learned counsel for the informant as well as learned AGA has
vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents. Considering all those 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, Krishan, 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 :- 23.1.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad