Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23490 of 2019 Applicant :- Kamta Nishad Opposite Party :- State Of U.P.
Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard Sri Dhirendra Kumar Srivastava, learned counsel for the applicant and learned AGA for the State.
In nutshell the prosecution case is that complainant Amar Chand Nishad lodged FIR with the allegation that on 18.3.2018 at 4:00 pm his father Prakash was coming back from field by Boat and in boat there happened quarrel with him with Ram Kailash Nishad @ Potar, Kamta and Amta Nishad and since that time his father is missing.
Counsel for the applicant submitted that the applicant has been falsely implicated whereas learned AGA has opposed the bail application.
In the FIR it is mentioned that when quarrel in between Prakash and accused applicant took place in the boat at that time Jag Jeevan and Rajes were also present in the boat and in their statement they have not supported the prosecution case. It is a case of circumstantial evidence.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Kamta Nishad involved in Case Crime No.
80 of 2018, under Sections 364 I.P.C., P.S. Industrial Area, District Prayagraj (Allahabad) be released on bail on 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 will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.
5. The applicant 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 him 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 complainant is free to move an application for cancellation of bail before this court.
Order Date :- 6.6.2019 Kamarjahan