Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17872 of 2019 Applicant :- Nannu Alias Nandu Opposite Party :- State Of U.P. Counsel for Applicant :- Mukhtar Alam Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A and perused the record.
Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the present case. The FIR of the alleged incident was lodged against nine named persons including the applicant and 50-60 others making general allegation. Only one gun shot injury has been found to the deceased constable Satish but it has not been specified as to who is author of said injury. It has further been submitted that the applicant has not committed the alleged offence. He has falsely been implicated in the present case. Co-accused Farukh @ Fakru, Razzak, Shaukeen, Khalid @ Khillo and Haneef having identical role have already been released on bail by another bench of this Court vide orders dated 14.3.2014, 16.4.2014, 12.5.2014, 23.5.2014 and 4.12.2018 respectively, therefore,the applicant is also entitled for bail on the ground of parity. The applicant has falsely been implicated in two other cases after this incident. There is no previous criminal history of the applicant. The applicant is in jail since 18.1.2019.
Per contra, learned A.G.A opposed the prayer for bail but could not dispute the fact that co-accused Farukh @ Fakru, Razzak, Shaukeen, Khalid @ Khillo and Haneef having identical role have already been released on bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Nannu Alias Nandu involved in Case Crime No. 53 of 2013, under Sections 147, 148, 149, 302, 307,34, IPC, P.S. Barsana, District Mathura be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 29.4.2019 A.