Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23057 of 2019 Applicant :- Nanhey Opposite Party :- State Of U.P.
Counsel for Applicant :- Arvind Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been preferred by the accused- applicant Nanhey, who is involved in Case Crime No. 158 of 2019, under Sections 3/5/25 Arms Act, Police Station- Tanda, District- Rampur.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case with some ulterior motive. It is next submitted that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 03.04.2019. In case, the applicant is released on bail he will not misuse the liberty of bail. Lastly, it is also submitted that co- accused Vinod Kumar has already been enlarged on bail vide order dated 13.05.2019 passed by another co-ordinate Bench this Court in Crl. Misc. Bail Application No. 20049 of 2019. Therefore, the applicant is also entitled to be released on bail. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Per contra learned A.G.A. has opposed the bail prayer of the applicant but conceded on the point of parity.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Let applicant, Nanhey, 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 with the following conditions:
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
Order Date :- 31.5.2019 V.S.Singh