Sri Krishna @ Kishan v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13290 of 2024 Applicant :- Sri Krishna @ Kishan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ajai Kumar,Shakti Kumar Mishra,Vivek Kumar Rai Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. Instant bail application has been filed on behalf of the applicant with a prayer to release the applicant on bail during the trial in Case Crime No. 311 of 2024, under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station-Kakori, District-Lucknow. It is contended by learned counsel for the applicant that the applicant is innocent and he has falsely been implicated in the present case. He further submits that four cases have been shown in the gang chart against the applicant in which he has been enlarged on bail and copy of the bail order(s) has been filed as Annexure Nos.5 to 8 to the bail application. Apart from the aforesaid, there is one criminal antecedent against the applicant, which has been explained in the bail application. It has also been submitted that the applicant is not involved in any anti-social activities and he is not a member of any gang. The applicant is in jail since 03.12.2024 and he has undertaken that in case, he is granted bail, he will not misuse the liberty and would cooperate in the trial proceedings. Per contra, learned A.G.A. opposed the prayer of bail, but he could not dispute the fact that the applicant has been enlarged on bail and all the bail orders are appended along with the bail application. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicant is languishing in jail since 03.12.2024; four cases have been shown in the gang chart against the applicant in which he has been enlarged on bail and copy of the bail order(s) has been annexed as Annexure Nos. 5 to 8 to the bail application and in case, he is granted bail, he will not misuse the liberty of same and would cooperate in the trial proceedings. Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. Let the applicant-Sri Krishna @ Kishan involved in the aforementioned 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, with the following conditions:- 1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial;

(2) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. He 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 of the Indian Penal Code;

(3) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.; and

(4) 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. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 20.12.2024 Shravan High Court of Judicature at Allahabad, Lucknow Bench