Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case. Applicant is not named in the first information report and his name has been brought into light by the police personnel. Applicant has committed no offence. No independent witness is said to have been present at the time of alleged occurrence. Co-accused namely, Rashid has already been enlarged on bail by a co-ordinate Bench of this Court vide order dated 04.01.2021 passed in Criminal Misc. Bail Application No.43525 of 2020, since the role of the applicant is not distinguishable from the role of co-accused, applicant is also entitled for bail. He has further submitted that criminal history of the applicant has been explained in bail application. He is languishing in jail since 31.12.2020 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on the 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 Nandu Nishad @ Nandu Kewat involved in Case Crime No. 783 of 2020, under Sections 147, 332, 307, 427, 504, 379, 411 I.P.C. & 4/21 Mines and Minerals Act & 3/4 Prevention of Damages of Public Property Act, P.S. Kotwali Nagar, District Banda, 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 prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned court/authority/official shall verify the authenticity of such computerised copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing.
Order Date :- 22.2.2021 Ashok Gupta