Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16252 of 2021 Applicant :- Nahna @ Umesh Opposite Party :- State of U.P.
Counsel for Applicant :- Rahul Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant, Nahna @ Umesh, in connection with Case Crime No. 23 of 2020, under Sections 307, 323 IPC, Police Station - Mursan, District - Hathras.
Heard learned Counsel for the applicant and Mr. Shashi Shekhar Tiwari, learned A.G.A. appearing for the State.
It is submitted by learned Counsel for the applicant that general role has been assigned to three nominated accused and some unknown persons, where there is also an allegation of one of the assailants shooting to kill the informant. It is pointed out that according to the First Information Report, the bullet struck the informant in his left leg, but according to the medico-legal report, there is no evidence about a gunshot wound sustained by the informant. It is particularly pointed out that co-accused Santosh, against whom there are similar allegations, has been admitted to bail by this Court (Hon'ble Neeraj Tiwari, J.) vide order dated 08.02.2021, passed in Criminal Misc. Bail Application No. 41801 of 2020. The applicant claims parity. It is asserted in paragraph no. 12 of the affidavit that the applicant has no criminal history. He is in jail since 22.01.2021.
The learned A.G.A. has opposed the prayer for bail. Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that there are general allegations, with no specific role of assault employing firearm assigned to the applicant, the fact that prima facie there is no firearm injury sustained by the applicant, the fact that co-accused, against whom there are similar allegations, has been admitted to bail and the fact that the applicant has no criminal history, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant - Nahna @ Umesh be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions :
(i) The applicant shall not tamper with the prosecution evidence.
(ii) The applicant shall not threaten or harass the prosecution witnesses.
(iii) The applicant shall appear on the date fixed by the Trial Court.
(iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
(v) 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 such person from disclosing facts to the Court or to any Police Officer or tamper with the evidence.
(vi) The party shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of the order shall be self attested by the counsel of the party concerned.
(viii) The Court/Authority/Official concerned 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.
In case of default of any of the condition(s) enumerated above, the prosecution would be free to move an application for cancellation of bail before this Court.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will, in no way, be construed as an expression of opinion on the merits of the case. It is further clarified that the Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led, unaffected by anything said in this order.
Order Date :- 7.4.2021 I. Batabyal