Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22954 of 2019 Applicant :- Nagesh Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Sushil Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri Mayank Mishra, learned brief holder for the State and perused the record.
According to prosecution case, N.C.R. was lodged against four accused persons, namely Suresh, Chhaggulal, Pankaj and Nagesh alleging that on 16.1.2019 they assaulted Bankelal and four other persons. Bankelal received four injuries, two on head, resultantly died. Injuries received by injured are simple in nature.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Co-accused namely Suresh Kumar has already been granted bail by this Court vide order dated 21.5.2019 in Criminal Misc. Bail Application No. 19792 of 2019, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. There is general allegation against the applicant. Main role of assault was assigned to co-accused Chhaggulal and Pankaj. The case of applicant is distinguishable from the case of co-accused Chhaggulal and Pankaj. There is no independent witness and no legal evidence against the applicant. Injuries received by the injured are simple in nature. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 6.2.2019 (more than three and half month) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant Nagesh Kumar involved in Case Crime No.
43 of 2019, under Sections 304, 323, 504 IPC, Police Station Saini, District Kaushambi 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:
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 court below shall be at liberty to cancel the bail.
Order Date :- 31.5.2019 A. Singh