Court No. - 3
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42474 of 2019 Applicant :- Krishna Kumar Upadhyay @ Kuldeep Opposite Party :- State of U.P.
Counsel for Applicant :- Bal Krishna Rai,Pradeep Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Naheed Ara Moonis,J.
Heard Shri Pradeep Kumar Mishra, learned counsel for the applicant as well as 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 Kumar Upadhyay alias Kuldeep with a prayer to release him on bail in Case Crime No. 191 of 2016, under sections 307, 323, 324, 427 during pendency of trial.
This is a second bail application moved on behalf of the applicant. The first application of the applicant was rejected on the ground that co- accused Mantosh, who was assigned the specific role of causing injury with axe has been attributed by the complainant to the applicant. It is further submitted that during the course of trial while recording the statement of the complainant, he has specifically stated that the applicant was armed with country made pistol and the injured- complainant was assaulted with axe by the co- accused Mantosh. In the medical examination report, there is no injury of fire arm to the injured- complainant. 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. So far as the trial is concerned, only statement of PW-1 has been recorded by the trial court and the trial is proceeding in snails' pace and the applicant is languishing in jail since 25.7.2010. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. In case the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned Additional Government Advocate opposed the prayer for bail, but he did not dispute the aforesaid facts. He further contended that according to the statement of the complainant Mantosh was having axe and after the assault perpetuated by the other accused persons victim fell down and thereafter co-accused Mantosh assaulted him with axe.
Thus, from the aforesaid submission of the learned AGA this Court finds that medical report does not show any injury caused by fire arm with which the applicant was armed with.
Having considered the submissions of the parties, and the changed circumstances emerged from the statement of the complainant that the applicant was armed with country made pistol, the applicant has made out a case for bail.
Without expressing any opinion on the merits, let the applicant Krishna Kumar Upadhyay alias Kuldeep, involved in the aforesaid 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 with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses.
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.
Order Date :- 30.7.2021 Ishrat