Krishna Chandra v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51602 of 2023 Applicant :- Krishna Chandra Opposite Party :- State of U.P. Counsel for Applicant :- Vimal Kumar,Ravi Prakash Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Heard learned counsel for the applicant and Sri Prateek Tyagi, learned A.G.A. for the State-opposite party.

¶2The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 91 of 2023, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Trilokpur, District Siddharth Nagar during the pendency of the trial.

¶3Learned counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the instant case. The name of the applicant was disclosed by co-accused Sani in the police custody. The said statement, insofar as it implicates the applicant, is unreliable. The applicant has no concern with the alleged vehicle nor the applicant has purchased the said vehicle. The notarial affidavit dated

24.03.2023 does not contain the signature of the applicant. The alleged signature is forged. The applicant is in jail since

04.08.2023 having no criminal history and if he is released on bail, he will not misuse the said liberty.

¶4Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that the applicant was not named in the first information report. Except confessional statement of co-accused Sani before the police authorities, at present there is no substantive evidence to link the applicant with the offence. The applicant has no criminal antecedents. Moreover, the applicant has remained confined for almost three and half months and after submission of the charge-sheet there is no hope of early conclusion of trial, and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, therefore, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶6Let the applicant-Krishna Chand, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence; and,

(iii) shall not pressurize the prosecution witnesses.

¶7In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 2.12.2023 SKT/- High Court of Judicature at Allahabad