Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42810 of 2021 Applicant :- Nathi Ram Opposite Party :- State of U.P.
Counsel for Applicant :- Gaurav Kakkar Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is innocent and he has not committed any offence. It has been pointed out that as per statement of injured, general and omnibus role has been assigned to all the four accused persons including applicant. It is further contended that no time and date of alleged incident is mentioned in the FIR, which itself creates a doubt about the genuineness of the entire prosecution case. It is further submitted that as per version of FIR, accused persons are alleged to have physically assaulted the injured and thereafter some highly inflammable substance is said to have been poured upon brother of the informant, which stands contradicted by the medical examination report of injured because, as apart from burn injury, there is no other kind of injuries on the body of injured Pramod. It is further submitted that no incriminating article has been recovered from the place of incident.
It is further contended that in the FIR as well as in statement of injured and even in the statement of informant, no specific role is assigned to the applicant. It is only in the second statement of informant that role of throwing the lighted matchstick has been assigned to co accused Beeram and applicant Nathiram has been assigned the role of pouring some inflammable substance. It is further contended that there is no independent witness of the alleged incident and the witnesses, who have been examined, are the interested witnesses. It is further contended that there is no chemical examination report on record to ascertain as to whether the burn was actually caused by acid or by any other chemical. The doctor, who conducted the medical examination, has no where given any such opinion that the injuries were sustained as a result of acid or due to burns by flame of any inflammable material. Further the doctor has not opined that the injury was grievous in nature or dangerous to life. It was further submitted that the independent witnesses, in their statements under Section 161 Cr.P.C., have stated that they have not seen anyone setting injured Pramod ablaze. It has been further submitted that similarly placed co-accused persons, namely, Mainpal @ Vedpal and Sushil have already been enlarged on bail by co-ordinate Bench of this Court, the copies of which, are available on record. It has been submitted that the applicant is languishing in jail since 05.07.2021 having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail, however, it has not been disputed that similarly placed co-accused persons, namely, Mainpal @ Vedpal and Sushil have already been granted bail by this Court.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail.
The bail application is allowed.
Let the applicant Nathi Ram involved in Case Crime No.75 of 2021, under Sections 323, 307, 326, 452, 506 IPC, P.S.
Biharigarh, District Saharanpur, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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 them 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 27.10.2021 Neeraj