Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28624 of 2021 Applicant :- Nanmuni Alias Deendayal Kevat Opposite Party :- State Of U.P Counsel for Applicant :- Manish Kumar Dwivedi
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Nanmuni Alias Deendayal Kevat, in Case Crime No. 04 of 2021, under Sections- 302, 34 I.P.C. P.S. Kaushambi, District- Kaushambi.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 02.02.2021; there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail; his name was not there in the first information report; subsequently, on the basis of confessional statement of Rajkaran Pasi, it was surfaced; whereas, Rajkaran Pasi has been enlarged on bail vide order dated 4.8.2021, in Criminal Misc. Bail Application No. 25310 of 2021, by this Court itself; confessional statement of co-accused is not admissible; applicant's criminal antecedent of five cases, has been duly explained by him; there is no recovery of any incriminating article from the possession of applicant. Hence, bail has been prayed for.
Learned AGA has vehemently opposed.
Having heard learned counsels for both sides and gone through materials placed on record as well as considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant, Nanmuni Alias Deendayal Kevat, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 27.10.2021 Kamarjahan Digitally signed by RAM KRISHNA GAUTAM Date: 2021.10.29 09:37:39 IST Reason: Document Owner Location: High Court of Judicature at Allahabad