Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15741 of 2021 Applicant :- Nannhak Sharma Opposite Party :- State of U.P.
Counsel for Applicant :- Shrikant Singh Yadav,Shivajee Srivastava Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant, Nannhak Sharma, in connection with Case Crime No. 01 of 2018, under Sections 323, 504, 506, 308 IPC, Police Station Shivpur, District Varanasi.
Heard learned Counsel for the applicant and the learned A.G.A. appearing for the State.
It is submitted by the learned Counsel for the applicant that according to the FIR, a general role of assault has been assigned to all the accused, which has lateron been specified against the applicant in a statement of the victim's son recorded under Section 161 Cr.P.C. It is urged that the said statement is a product of afterthought. It is argued that the injuries, according to the medico-legal reports, were all opined to be simple in nature. In the C.T. Scan report dated 05.02.2018, the injury has been found to be simple in nature. It is submitted that lateron, a Medical Board was constituted, who have opined the injury sustained by the victim Vijay Bahadur Maurya, to be dangerous to life. It is argued that the aforesaid report is a mere opinion which requires to be tested at the trial. There is nothing ex facie to show that the injury sustained by the applicant are dangerous to life, in the submission of learned counsel for the applicant. It is asserted in paragraph No.25 of the affidavit that the applicant has no criminal history and is in jail since 23.02.2021.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that in the FIR a general role of assault has been assigned with no specific role which has been later on improved in the statement under Section 161 Cr.P.C., the fact that the injury reports including the C.T. Scan report ex facie do not opine the injuries to be dangerous to life or grievous, the fact that the report of the Board of doctors that has found the injuries to be grievous is a mere opinion, which has to be tested during trial, the fact that the applicant has no criminal history, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant, Nannhak Sharma, in connection with Case Crime No. 01 of 2018, under Sections 323, 504, 506, 308 IPC, Police Station Shivpur, District Varanasi, be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the Trial Court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
(vi) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(viii) 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 case of default of any of the conditions enumerated above, the prosecution would be free to move an application for cancellation of bail before this Court.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression of opinion on the merits of the case. It is further clarified that the Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led, unaffected by anything said in this order.
Order Date :- 7.4.2021 NSC