Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47679 of 2018 Applicant :- Nadul Kumar Rajbhar Opposite Party :- State Of U.P.
Counsel for Applicant :- Ramakant Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Nadul Kumar Rajbhar seeking bail in Case Crime No. 255 of 2018, under Sections 147, 148, 149, 307, 427 IPC, Police Station Haldharpur, District Mau.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has next submitted that the applicant has neither been named in the FIR nor his name has been surfaced in the statement of the first informant. Subsequently, in the second statement of the first informant, the name of the applicant has surfaced.
Learned counsel for the applicant has next submitted that even according to the prosecution own case, general role of assault has been assigned to a large number of persons.
Learned counsel for the applicant has next submitted that the applicant has no previous criminal history, however, apart from the said case, the applicant has also been falsely implicated in two other cases and the applicant is in jail since 29.09.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that the applicant is in jail since 29.09.2018.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Nadul Kumar Rajbhar be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 21.12.2018 /Nadim