Allahabad High Court
Kishanpal vs State Of U.P. on 4 April, 2022
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8332 of 2022
Applicant :- Kishanpal
Opposite Party :- State of U.P.
Counsel for Applicant :- Anurag Kumar Pandey
Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Lavania,J.
Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.
The present bail application has been filed by the applicant seeking bail in Case Crime No. 258 of 2021, under Sections-8/18/29 N.D.P.S. Act., Police Station-Sirauli, District Bareilly.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present crime. His name surfaced in the statement of co-accused Chhatrapal from whom possession as per the story of prosecution opium is said to have been recovered and he has already been granted bail vide order dated 16-03-2022 passed in Criminal Misc. Bail Application No. 47961 of 2021. Accordingly, the applicant is also entitled for bail on the ground of parity. It is also submitted that there is no apprehension that after being released on bail, he may flee from the course of law or may otherwise misuse the liberty of bail and the applicant is in jail since 22.10.2021.
Learned A.G.A. has, however, opposed the prayer for grant of bail and has submitted that the applicant is having criminal history of eight cases as such he is not entitled to be released on bail.
In response, learned counsel for the applicant submits that the criminal history has been explained in para 11 of the bail application. In para 11 it is stated that applicant has got acquittal in four cases i.e. case crime nos. 471 of 2010, 501 of 2010, 502 of 2010 and 472 of 2010 which relates to police station Sirauli district Bareilly and it is further submitted that the proceedings of case crime no. 717 of 2010 under Section 3 of U.P. Control of Goondas Act has been closed. It further appears that in case crime nos. 240 of 2019 and 314 of 2021 applicant is on bail. So far as the case under the Gangster Act is concerned, the applicant has already been enlarged on bail vide order dated 01-04-2022 passed in Criminal Misc. Bail Application No.6726 of 2022.
Considering the facts of the case and keeping in mind the ratio of the Apex Court's judgment in the case of Union of India vs. Shiv Shankar Keshari, (2007) 7 SCC 798, larger mandate of Article 21 of the constitution of India, the nature of accusations, the nature of evidence in support thereof, the severity of punishment which conviction will entail, the character of the accused-applicant, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interest of the public/ State and other circumstances as also taking note of the fact that co-accused has already been enlarged on bail by this Court and without expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail.
Let applicant- Kishanpal @ Krishna Pal be released on bail in aforesaid Case Crime Number on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to following conditions :-
(i) 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. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant 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 his under Section 229-A of the Indian Penal Code.
(iii) 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, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) 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. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
In case of breach of any of the above conditions, the Court below shall be at liberty to cancel the bail and proceed against the applicant in accordance with law.
This order shall not influence the trial Court for proceeding with the trial.
The application stands disposed of.
Order Date :- 4.4.2022
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