Krishnapal Singh @ K.P v. State of U.P

Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42558 of 2023 Applicant :- Krishnapal Singh @ K.P. Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Agrawal Counsel for Opposite Party :- G.A.,Chakravarti Sisodia Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard Sri Arvind Agrawal, learned counsel for the applicant, Sri Surendra Kumar Tripathi, Advocate holding brief of Sri Chakravarti Sisodia, learned counsel for the informant as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record.

¶3Applicant seeks bail in Case Crime No.541 of 2021, under Sections 147, 148, 149, 307, 323, 504, 506, 325 I.P.C., Police Station Sadabad, District Hathras, during the pendency of trial.

¶4Learned counsel for the applicant has stated that the applicant has been falsely implicated in this case. The role assigned to the applicant is of exhortation. The co-accused person Sachin, who is stated to have fired at the injured person, has been enlarged on bail by the Co-ordinate Bench of this Court vide order dated

7.4.2023 passed in Criminal Misc. Bail Application No.13285 of 2023. The other co-accused persons Rakesh and Mukesh, who are stated to have assaulted the injured person by lathi, danda and sariya, have also been enlarged on bail by the Co-ordinate Bench of this Court vide order dated 29.5.2023 passed in Criminal Misc. Bail Application No.24005 of 2023.

¶5Learned counsel for the applicant has further stated that the case of applicant is at better footing to the co-accused persons as he has not been assigned the role of assault. The criminal history of three cases assigned to the applicant stands explained as the copy of bail orders have been annexed as Annexure No.14, 15 & 16 to the affidavit filed with the bail application. The applicant is languishing in jail since 18.9.2023. He further submitted that since the role of the applicant is identical to that of co-accused who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity.

¶6The prayer for bail has been vehemently opposed by learned counsel for the informant and learned A.G.A. However, the aforesaid factual aspect of the parity to the co-accused has not been disputed by them.

¶7Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, pending trial and in light of the judgement passed by this Court in Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938 and the judgement passed by the Apex Court in Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed on the ground of parity.

¶8Let the applicant-Krishnapal Singh @ K.P., who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(ii) The applicant shall remain present before the Trial Court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A IPC.

(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC.

(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

¶9In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶10It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 26.10.2023/ Vikas [Krishan Pahal, J.] High Court of Judicature at Allahabad