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2025 DAILYLAW 89732 (ALL)

KRISHNA MOHAN v. STATE OF U.P.

BAIL/29857/2025 · 2025-09-07

Manju Rani Chauhan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29857 of 2025 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J. Heard learned counsel for the applicant, Sri P.K. Singh, learned Brief Holder for the State, Sri Yogesh Kumar Vishwakarma, learned counsel for the informant and perused the record. Learned counsel for the applicant submits that earlier the applicant has been granted bail by order dated 20.02.2024 passed in Criminal Misc. Bail Application No. 56043 of 2023, with one of the conditions that the applicant shall pay Rs. 94,000/- to the informant within fifteen days from the date of his release and rest amount of Rs. 2,00,000/- to the informant within next four months in two equal installments. It was also mentioned in the said order that in case the applicant failed to abide by his undertaking to deposit the amount in these terms, the bail granted to the applicant shall automatically stand cancelled. However, in compliance with the said condition, the applicant failed to deposit Rs. 2 Lakh within the stipulated period as directed by this Court, therefore, he has been taken into custody. Learned counsel for the applicant contends that the applicant has deposited the aforesaid amount, as directed, which is evident from the bank statement brought on record at Page-36 to the bail application as well as details mentioned in the rejection order dated 13.08.2025. Versus Counsel for Applicant(s) : Ajay Kumar Pandey, Amit Kumar Pandey Counsel for Opposite Party(s) : G.A., Ravindra Kumar Pandey, Yogesh Kumar Vishwakarma Krishna Mohan .....Applicant(s) State of U.P. .....Opposite Party(s) Learned counsel for the State has opposed the prayer for bail, but he could not dispute the factual submissions as urged by the learned counsel for the applicant. After perusing the record in the light of the submissions made at the bar with regard to explanation offered by the accused for his default and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. Let the applicant- Krishna Mohan involved in Case Crime No. 71 of 2023, under Sections 406, 419, 420, 467, 468, 471 IPC, Police Station Chetganj, District Varanasi, be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned on the following conditions: (i) The applicant shall not tamper with the evidence during the trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted and/or the applicant shall make himself available for interrogation by a police officer as and when required. (iv) The applicant shall not commit an offence similar to the offence of which he is accused, or suspected. (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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (vi) The applicant shall not leave India without the previous permission of BAIL No. 29857 of 2025 2 the Court. (ix) In the event, the applicant changes residential address, the applicant shall inform the court concerned about new residential address in writing. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case. September 8, 2025 DS BAIL No. 29857 of 2025 3 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- DIGAMBER SINGH High Court of Judicature at Allahabad