Allahabad High Court
Krishnkant Singh vs Union Of India on 23 May, 2023
Bench: Renu Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:113966
Court No. - 85
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18574 of 2023
Applicant :- Krishnkant Singh
Opposite Party :- Union of India
Counsel for Applicant :- Yogesh Kumar Mishra,Rakesh Chandra Pathak
Counsel for Opposite Party :- Ashish Pandey
Hon'ble Mrs. Renu Agarwal,J.
Counter affidavit filed today is taken on record.
Heard Mr. Rakesh Chandra Pathak, learned counsel for the applicant, learned A.G.A. and perused the record.
The present first bail application has been filed on behalf of the applicant in Case Crime No. 15 of 2022 under Sections 8/20/25/29 NDPS, Police Station-NCB, Lucknow District-Kaushambi with the prayer to enlarge him on bail.
Learned counsel for the accused-applicant submitted that the applicant is innocent and has been falsely implicated in the instant case due to malafide intentions. It is submitted that the applicant is not named in F.I.R. and his name surfaced only on the confessional statement of the co-accused, namely, Saurabh Yadav and Rajnees who were arrested at the spot, who are enlarged on bail by co-ordinate Bench of this Court vide orders dated 02.01.2023 and 15.03.2023 passed in Criminal Misc. Bail Application Nos. 40874 of 2022 and 30355 of 2022 respectively and the case of the present applicant is at a better footing than the co-accused. It is further submitted that applicant has criminal history of one case i.e. case crime No. 18 of 2021, Police Station-Tongpal, District-Sukama (Chattisgarh) in which the applicant has been acquitted vide order dated 13.07.2022 and copy of the judgment is annexed as Annexure No. S.A.-1 to the supplementary affidavit. Applicant is languishing in jail since 01.09.2022 and if he is granted the liberty of bail he will not misuse the same and he is ready to furnish his sufficient sureties, bonds and personal bonds.
On the other hand, Mr. Vipul Pandey, Advocate holding brief of Mr. Ashish Pandey, learned counsel for the opposite party has opposed the prayer of bail and submitted that the applicant is a supplier of narcotics drugs and if he is released on bail he will involve himself again in the crime of the like nature, hence, prayer for bail of the applicant should be rejected.
I have heard the rival submissions advanced on behalf of the parties and perused the materials brought on record.
Considering the fact that applicant has no criminal history apart from case crime No. 18 of 2021 in which he has been acquitted of the charges levelled against him, applicant is not named in F.I.R. and his name surfaced only on the basis of confessional statement of the co-accused persons who have already been enlarged on bail by co-ordinate Bench of this Court and without expressing any opinion on the merits of the case, accused-applicant is liable to be released on bail.
Let applicant Krishnkant Singh be released on bail in the above case crime number and on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the 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 him 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.
(v) The applicant shall also furnish an undertaking from the sureties that the properties (movable/immovable) which are the basis of accepting the surety, shall not be disposed of by them till the conclusion of trial.
(vi) The applicant shall also give an undertaking to the effect that he will not change his address without prior intimation to the trial court concerned.
(Renu Agarwal,J.)
Order Date :- 23.5.2023
Karan
