In Chamber
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42606 of 2017 Applicant :- Nanda Kurmi Alias Survesh Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Singh Rathore Counsel for Opposite Party :- G.A.
Hon'ble Krishna Singh,J.
Counter affidavit filed today by learned AGA is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State respondent and perused the record.
Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in the present case. Learned counsel further submits that injuries of the injured namely Jitendra Singh @ Rinku were not found dangerous to life. Learned counsel further submits that co-accused Mohit @ Monu has been granted bail by another Bench of this Court in Criminal Misc. Bail Application No.50023 of 2017 vide order dated 8.1.2018. Learned counsel lastly submits that there is no chance of the applicant fleeing away from the judicial process or of his tampering with the prosecution evidence. Applicant is languishing in jail since 20.8.2017, and if he is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has vehemently opposed the prayer of bail.
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 a prima-facie case for bail is made out.
Let the applicant Nanda Kurmi Alias Survesh Kumar be released on bail in Case Crime No.361 of 2017, under Sections 147, 148, 149, 307, 34 IPC, P.S. Subhash Nagar, District Bareilly on his furnishing a personal bond and two local sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 23.2.2018 Rishabh