Allahabad High Court
Krishna Chandra Maurya @ Shiv Tahal vs State Of U.P. on 4 November, 2022
Author: Deepak Verma
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38388 of 2022 Applicant :- Krishna Chandra Maurya @ Shiv Tahal Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Kumar Pandey,Kamalendra Kumar Maurya,Majahar Ali Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant Krishna Chandra Maurya @ Shiv Tahal with a prayer to release him on bail in Case Crime No.131 of 2016, under Sections 147, 323, 504, 506, 308 I.P.C., P.S. Sarai Memrez, District Allahabad during pendency of the trial.
It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Both the parties have lodged First Information Report and sustained injuries. Applicant has not assigned any role of causing injury. Learned counsel for the applicant next submitted that co-accused Satish Yadav, Ganesh Maurya @ Pakhando, Ram Sahay Yadav @ Sahay Yadav, Amit Yadav, Samar Bahadur Maurya @ Nanhe and Rahul Maurya have been granted bail by the coordinate Bench of this Court vide orders dated 20.09.2022 & 15.09.2022. Learned counsel for the applicant next submits that the applicant having better case for getting bail on account of parity. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 18.08.2022 and in case he is enlarged on bail he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts narrated by counsel for the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and larger mandate of the Article 21 of the Constitution of India, Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Krishna Chandra Maurya @ Shiv Tahal, who is 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
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.
Order Date :- 4.11.2022 SKD