Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47129 of 2018 Applicant :- Nakul Alias Rahul Pratap Opposite Party :- State Of U.P.
Counsel for Applicant :- Balram Jee Verma Counsel for Opposite Party :- G.A.,V K Dwivedi
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State as well as Sri Vipin Kumar Dwivedi, learned counsel for the first informant and perused the record.
This bail application has been filed by the applicant Nakul Alias Rahul Pratap seeking bail in Case Crime No. 618 of 2018, under Sections 364, 323 IPC, Police Station Kotwali, District Basti.
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 drawn the attention of the Court to the statement of the victim under Section 164 CrPC, in which, he has stated that he along with one Dashrath were planning to run a brick-kiln and for the purposes of hiring labour, he along with Dashrath has given a sum of Rs. 1,00,000/- to one Vikas Gupta, however, Vikas Gupta did not arrange the labour and swindled the money and fled away, as such, Dashrath started demanding money from Shobha Ram and it is further alleged that on 17.09.2018 at about 4:00 PM, Dashrath along with the applicant had forcibly taken him away in a Brezza Car at his house and threatened him to get recovered the money, else he would kill him. The victim is said to have been immediately recovered and there is absolutely no allegation against the applicant to cause the death of the victim Shobha Ram.
Learned counsel for the applicant has next submitted that simple business dispute has illegally been dragged in the criminal court on the basis of false allegation and the applicant has no concern whatsoever with the business dispute between the victim and co- accused Dashrath.
Learned counsel for the applicant has next submitted that the applicant has no criminal history to his credit and he is in jail since 17.09.2018 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 for the State as well as Sri Vipin Kumar Dwivedi, learned counsel for the first informant has vehemently opposed the prayer for bail but could not dispute the aforesaid facts and the fact that the applicant has no active participation in the business of Dashrath and the victim Shobha Ram and that the applicant has no criminal history to his credit and he is in jail since 17.09.2018.
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 Nakul Alias Rahul Pratap 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 :- 19.12.2018 Nadim