Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25881 of 2018 Applicant :- Nanhu @ Badam Singh And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Anurag Sharma,Pankaj Satsangi,Tripurari Pal Counsel for Opposite Party :- G.A.,Anil Kumar Maurya
Hon'ble Aniruddha Singh,J.
Counter affidavit filed today is taken on record.
Heard Sri Pankaj Satsangi and Sri Tripurari Pal, learned counsel for the applicants, learned counsel for the complainant and learned AGA for the State, and perused the record.
According to prosecution case, NCR was filed on 4.2.2018 and FIR was lodged on 5.2.2018 against four accused persons namely, Nanhu, Pratap, Santosh and Gajendra alleging that on 2.2.2018 they assaulted Shri Kisan(brother of complainant) with sticks(lathi-dandas). He received two ante mortem injuries on head and died resultantly.
It is submitted by learned counsel for the applicants that the applicants Nanhu and Santosh are languishing in jail since 12.3.2018(more than eight months) and 26.2.2018(nine months) respectively having no criminal history. They have been falsely implicated. Co-accused Pratap and Gajendra have already been enlarged on bail by coordinate Bench of this Court vide order dated 1.11.2018 in Criminal Misc. Bail Application No.38362 of 2018 and order dated 26.10.2018 passed in Criminal Misc. Bail Application No.40602 of 2018 (Bail orders produced are taken on record). General role is alleged to have been assigned to all the accused and there are only two injuries found on thr body of deceased. Hence it is not ascertained who was author of said injuries. There is no independent witness. There is no possibility to get this case decided in near future. In case applicants are released on bail, they will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicants. He admitted that the applicants have no criminal history and their roles are identical to co-accused Pratap and Gajendra who have already been enlarged on bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.
Let applicants Nanhu @ Badam Singh and Santosh involved in Case Crime No.80 of 2018, under Section 304, 323, 504, 506 IPC, Police Station Ujhani, District Budaun be released on bail on their 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 applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants 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 court below shall be at liberty to cancel the bail.
Order Date :- 28.11.2018 P.P.