Allahabad High Court
KRISHNA CHAND PATEL @ GOBARI PATELversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The bail application is allowed.
Summary
The High Court considered a bail application filed by Krishna Chand Patel, who is accused in a case involving offences under IPC sections 305(a), 324(2), 351(3), 352, 331(4) and 317(2). The applicant claimed innocence, alleged a delayed FIR, lack of independent witnesses, and asserted that he would not misuse bail. The State opposed the bail but did not contest the applicant’s factual contentions. After reviewing the record and the nature of the allegations, the Court, without opining on the merits, found the case fit for bail and ordered release on personal bond and two sureties with conditions. The Court also stipulated that breach of conditions could lead to cancellation of bail. The observations were limited to the bail application and do not affect the trial’s merits.
Issues considered
- Whether the accused is entitled to bail in a case involving offences under IPC sections 305(a), 324(2), 351(3), 352, 331(4) and 317(2) given the circumstances of delay, lack of witnesses, and the applicant's criminal history.
Legislation cited
- Indian Penal Code — s. 305(a), 317(2), 324(2), 331(4), 351(3), 352
Subjects
- bail
- Indian Penal Code
- criminal procedure
- sureties
- conditions of bail
- presumption of innocence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 30519 of 2026
Krishna Chand Patel @ Gobari Patel
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Surya Prakash Tripathi
Counsel for Opposite Party(s) : Ashwani Kumar Pathak, G.A.
Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.
1. Heard Sri Surya Prakash Tripathi, learned counsel for the applicant, Sri
Ashwani Kumar Pathak, learned A.G.A. and perused the record.
2. The applicant is involved in Case Crime No. of 280 of 2026, under
Sections 305(a), 324(2), 351(3), 352, 331(4) and 317(2) BNS Police
Station -Kotwali District Maharajganj.
3. Learned counsel for the applicant has submitted that the applicant is
innocent and has been falsely implicated in the present case. FIR has been
lodged after delay without any plausible explanation. It is further
submitted that a false recovery has been shown from the possession of the
applicant. There is no independent public witness of the alleged recovery. It
is also submitted that applicant is having no concern with the allegations
levelled against him and he has not committed any offence as alleged by
prosecution. The applicant has criminal history of two cases, which has
been explained in paragraph no.36 of the affidavit filed in support of the
bail application. The applicant is in jail since 08.07.2026. Therefore, the
applicant is entitled for bail. Learned counsel for the applicant has further
submitted that if the applicant is released on bail, the applicant would not
misuse liberty of bail and is ready to co-operate in the trial.
4. Learned A.G.A. as well as learned counsel for opposite party has
opposed the prayer for bail but he has not disputed the above contention
made by the learned counsel for the accused-applicant.
BAIL No. 30519 of 2026
2
5. Considering the facts and circumstances of the case, perusing the
record and also considering the nature of allegations, arguments advanced
by the learned counsel for the parties and without expressing any opinion
on the merit of the case, I find it to be a fit case for granting bail.
Accordingly, the bail application is allowed.
6. Let applicant - Krishna Chand Patel @ Gobari Patel be released on
bail in the aforesaid case crime number on furnishing a personal bond
and two reliable sureties of the like amount to the satisfaction of the court
concerned subject to following conditions, which are being imposed in
the interest of justice:-
(i) The applicant shall appear before the trial court on the dates fixed,
unless his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make inducement, threat
or promise to any person acquainted with the facts of the case so as to
dissuade him from disclosing such facts to the Court or any police officer
or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and anti-social
activity.
7. In case of breach of any of the above condition, the prosecution will be
at liberty to move an application before this Court for cancellation of the
bail of the applicant.
8. It is clarified that the observations made herein are limited to the facts
brought in by the parties pertaining to the disposal of bail application and
the said observations shall have no bearing on the merits of the case
during trial.
(Jai Prakash Tiwari,J.)
September 8, 2026
S.K.
Digitally signed by :-
SWEETY KANOJIA
High Court of Judicature at Allahabad
Checking your session…