Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22228 of 2016 Applicant :- Nanhey Opposite Party :- State Of U.P.
Counsel for Applicant :- Narendra Kumar Singh,Ajay Srivastava,Maohammd Nadeem,Pushpendra Singh Jadon Counsel for Opposite Party :- G.A.,Chandra Prakash Pandey
Hon'ble Sudhir Agarwal,J.
1. Heard Sri Ajay Srivastava, learned counsel for the applicant, learned A.G.A. appearing for the State and perused the record.
2. The present bail application has been moved by the accused- applicant for enlarging him on bail in Case Crime No. 181 of 2015, under Sections 147, 148, 149, 323, 325, 504, 304 IPC, Police Station Amritpur, District Farrukhabad.
3. Learned counsel for applicant submits that FIR version shows cross case on account of dispute regarding boundary of field. Informant stated that applicant and others hit Informant using Lathi Danda and country made pistol but in medical examination report, there is only one head injury. No specific role has been assigned to the applicant. There are no chances of applicant of fleeing away from judicial process or tampering with prosecution evidence. He undertakes to appear personally on each and every date and also not seek any unnecessary adjournment during trial. The applicant is in jail since 16.01.2016 and in case he is enlarged on bail, he will not misuse liberty of bail.
4. Learned A.G.A. has opposed the prayer for bail.
5. Considering the facts and circumstances of the case, without expressing any opinion on merits of the case, I think it appropriate to release applicant on bail.
6. The application is allowed.
7. Let applicant, Nanhey involved in Case Crime No. 181 of 2015, under Sections 147, 148, 149, 323, 325, 504, 304 IPC, Police Station Amritpur, District Farrukhabad be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with following conditions:
(i) The applicant will not temper with the evidence during trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appear before Trial Court on the date fixed.
(iv) The applicant shall report to the Police Station concerned in the first week of each month to show his good conduct and behaviour.
8. In case of breach of any of above conditions by applicant, the Court below shall be at liberty to cancel his bail.
Order Date :- 31.5.2019 KA