Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45681 of 2018 Applicant :- Krishna Kant Tiwari Opposite Party :- State Of U.P.
Counsel for Applicant :- Rohit Shukla,Shashi Dhar Pandey Counsel for Opposite Party :- G.A.,Imran Ullah
Hon'ble Siddharth,J.
Heard Shri Ashutosh Kumar Mishra,holding brief of Shri Rohit Shukla, learned counsel for the applicant, Shri Imran Ullah, learned counsel for the informant and learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Krishna Kant Tiwari with a prayer to release him on bail in Case Crime No. 17 of 2018, under Sections 147, 148, 149, 302, 307, 504, 506/34 IPC, and section 7 Criminal Law Amendment Act Police Station Karchhana, District- Allahabad, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. It has been further submitted that main role in the First Information Report has been assigned to the co-accused Suresh Chandra Tiwari, whose bail application has been rejected by this court vide order dated 30.11.2018 passed in Criminal Misc. Bail Application No. 40077 of 2018. The applicant is languishing in jail since 18.2.2018, who is not a previous convict. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. and learned counsel for the informant have opposed the prayer for bail of the applicant by contending that in the statement of the injured and other witnesses the role of firing has been assigned to the applicant,therefore he is not entitled to be enlarged on bail.
After considering the rival submissions,it appears that informant has not assigned the role of firing to the applicant, although in the subsequent statement the informant has assigned the role of firing to the applicant.
Having considered the submissions of the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant Krishna Kant Tiwari involved in the aforesaid 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 that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
The trial court is directed to conclude the trial within one year from the date of production of certified copy of this order before it.
Order Date :- 31.7.2019 Atul kr. sri.