Court No. - 51
1. Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34958 of 2020 Applicant :- Akhilesh Nishad Opposite Party :- State of U.P.
Counsel for Applicant :- Ali Hasan,Istiyaq Ali,Rajiv Lochan Shukla,Vijay Pratap Singh Counsel for Opposite Party :- G.A.,Ram Mani Upadhyay,Vikrant Pandey
2. Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34194 of 2020 Applicant :- Ram Lakhan Nishad And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Ali Hasan,Vijay Pratap Singh Counsel for Opposite Party :- G.A.,Ram Mani Upadhyay
Hon'ble Om Prakash-VII,J.
Since these bail applications arise out of same case crime number, they have been heard together and are being decided by a common order.
Heard Shri Rajiv Lochan Shukla and Shri Ali Hasan, learned counsel for the applicants, Shri Sarvjeet Kumar, Advocate holding brief of Shri Ram Mani Upadhyay, learned counsel for informant as well as the learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case. They have not committed the present offence. F.I.R. was lodged in the matter on the basis of advice after the post-mortem. Had the incident occurred in the manner as narrated in the F.I.R., all the facts must have come in the inquest report itself. Referring to the post-mortem report, it is further submitted that if the injuries found on the body of the deceased are taken into consideration then also deceased would not run upto six hundred meters after receiving such injuries and will not be in a position to speak. Thus, dying declaration said to have been made in the matter before the witnesses is also doubtful. In-fact, no such dying declaration was made. Prosecution lodged the F.I.R. manipulating the facts. At this juncture, learned counsel for the applicants referred to the inquest report and further argued that witnesses themselves have mentioned that victim was insane. He was sleeping in a school. He was close relative of the informant. Incident took place in the night hours. Present offence was committed by some unknown person. It is a blind murder case. Since deceased was complaining regarding the property grabbed by the informant and due to that reason applicants were falsely implicated in this matter due to village rivalry. At this juncture, learned counsel for the applicants also argued that entire prosecution case is improbable and unbelievable. F.I.R. was lodged belatedly. No plausible explanation has been given. Applicants have no criminal history. They are languishing in jail since 23.07.2020 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned counsel for the informant as well as learned AGA opposing the prayer for bail argued that prosecution case is supported with independent witness. Deceased has made statement before the witnesses regarding the manner of incident naming the applicants in committing the present offence. There is also recovery of the weapon said to have been used in commission of the crime.
In reply, learned counsel for the applicants argued that contents of the affidavit annexed with the bail application have not been controverted in the present matter. Matter relates to the offence under Section 304 IPC only. None has seen the present incident.
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 merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail applications are allowed.
Let the applicants Akhilesh Nishad, Ram Lakhan Nishad and Pankaj Yadav involved in Case Crime No. 152 of 2020, under Sections 304, 506 IPC, P.S. Nagar, District - Basti be released on bail on furnishing each a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned Court / Authority / Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 27.7.2021 Sanjeet