Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39161 of 2019 Applicant :- Krishanpal Opposite Party :- State Of U.P.
Counsel for Applicant :- Vivek Kumar Singh,Mayank Yadav Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by Sri Satish Kumar Tyagi, Advocate on behalf of complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as Sri Mayank Mishra, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged against seven accused persons, namely Amit, Krishnpal, Amrish, Rinu, Harendra, Manish @ Chhotu, Sumit @ Prince alleging that on 21.3.2019 at 7.15 p.m. they assaulted six persons including Omkar with farsa, cutter, balkati and looted countrymade pistol of Bhagyaveer. Omkar received seven injuries, five abrasions and two incised wound injuries, resultantly died. Injuries received by the injured are simple in nature. During investigation, blood stained cutter used in the crime was recovered at the pointing out of accused Amit; lathi (wood stick) used in the crime was recovered at the pointing out of Krishnpal (applicant); balkati (sharp- edged weapon) used in the crime was recovered at the pointing out of accused Amrish; blood stained balkati (sharp-edged weapon) used in the crime was recovered at the pointing out of accused Reenu; cutter used in the crime was recovered at the pointing out of accused Harendra; balkati used in the crime was recovered at the pointing out of accused Manish @ Chhotu and blood stained ganasha (sharp-edged weapon) used in the crime was recovered at the pointing out of accused Sumit @ Prince. Looted countrymade pistol of Bhagyaveer were also recovered at joint pointing out of Manish and Reenu.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. There are general allegations against the applicant. There is no independent witness and no legal evidence against the applicant. Recovery is falsely planted by the police to show their good work. Danda (wood stick) was recovered at the pointing out of applicant but no injury was found on the body of deceased caused by blunt object. The case of applicant is distinguishable from other accused persons. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 5.4.2019 (more than five and half months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned counsel for the complainant opposed the prayer for bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant Krishanpal involved in Case Crime No. 77 of 2019, under Sections 147, 148, 149, 452, 302, 307, 395, 397, 412, 504, 506, 34 IPC, Police Station Doghat, District Baghpat be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 25.9.2019 A. Singh