Krishna Alias Kishna Thakur vs State Of U.P.
2017 Latest Caselaw 4649 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 32
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35697 of 2017
 

 
Applicant :- Krishna Alias Kishna Thakur
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Syed Shahnawaz Shah
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Ravindra Nath Kakkar,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

The present bail application has been moved for enlarging the applicant Krishna @ Kishna Thakur on bail in Case Crime No. 333 of 2016 under Sections 302, 201, 120-B I.P.C. PS- Saroorpur, District- Meerut.

Learned counsel for the applicant contended that applicant has falsely been implicated in this case. It is further contended that all the witness of this case are close relative to the complainant. It is further contended that it is a case of circumstantial evidence and there is no direct evidence to connect the applicant with the present offence. It is further contended that recovery of the incriminating articles are false and fabricated. It is further contended that there was no occasion of the witness in the night at about 2 A.M. to seen the accused after committing the murder of the deceased with lathi. It is lastly contended that the applicant is in jail since 19.12.2016 and the applicant has no any criminal antecedents except the present one.

On the other hand learned A.G.A. opposed the prayer for grant of bail to the applicant but admitted that there is no criminal antecedents against the applicant.

Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the view that the applicant is entitled to be released on bail.

Let applicant Krishna @ Kishna Thakur be released on bail in the aforesaid case crime on her furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions:-

1. The applicant shall not tamper with the evidence or threaten the witnesses.

2. The applicant shall co-operate with the investigation in the trial and shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the court.

In case of default, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

Order Date :- 19.9.2017

Ishan