Court No. - 53 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13999 of 2021 Applicant :- Nagendra Opposite Party :- State of U.P.
Counsel for Applicant :- Sumit Kumar Srivastava,Satendra Kumar Gautam Counsel for Opposite Party :- G.A.,Hanuman Deen Verma Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
According to the prosecution version on 17.05.2019 at about 5.00 AM applicant and co-accused Ramvechan, Pramila, Joginder, Nagendra, Narendra, Amerendra and Meena have assaulted the deceased persons namely Surendar and Ram Vijai and injured with lathi and sticks and resultantly both the deceased died of injuries and some sustained injuries.
It has been submitted that only general allegations of assault have been levelled against all the seven co-accused persons. It was submitted that there is no specific allegation against applicant and that no deadly weapon has been assigned to the applicant. It was submitted that merely on the basis of general allegations, all the seven family members of applicant were implicated in this case and that out of them, two accused were juvenile. It has been further submitted that similarly placed co- accused Joginder and Pramila have already been enlarged on bail by co-ordinate Benches of this Court, vide orders dated 24.03.2021 and 18.01.2020, passed in Criminal Misc. Bail Application Nos.-7583 of 2020 and 2813 of 2020 respectively. It has been submitted that the applicant is languishing in jail since 20.05.2019 having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail, however, it has not been disputed that similarly placed co-accused persons have already been granted bail by this Court.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on 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 Nagendra involved in Case Crime No.121 of 2019, under Sections 147, 148, 302, 307, 323, 325, 504 and 506 IPC, P.S. Mehdaval, District Sant Kabir Nagar, 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 applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall 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 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 30.7.2021 Neeraj