Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18906 of 2018 Applicant :- Nekpal Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Srivastava,Anurag Sharma Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged against Mahanand, Gilichand @ Girish, Nekpal, Rahul, Rakesh, Anegi Singh and Anil alleging that on 24.9.2017 at 3 P.M. they armed with 'lathi-danda' and 'farsa' entered into house of complainant and assaulted Karau, Rajwati and Rajesh. Karau received six ante mortem injuries and died resultantly. Injuries of Rajwati and Rajesh are not dangerous to life.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case. He is languishing in jail since 29.9.2017(more than seven and half month) having no criminal history. General role has been assigned to all the accused. According to injury report, Karau received one incised wound, one traumatic swelling and two contusions and according to postmortem report, he received six ante mortem injuries. The applicant was not armed with sharp- edged weapon. There was no independent witness. In case applicant is released on bail, he 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 applicant.He admitted that the applicant has no criminal history.
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 applicant has made out a case for bail. The bail application is allowed.
Let applicant Nekpal involved in Case Crime No.346 of 2017, under Section 147, 148, 149, 452, 302, 307, 34 IPC, Police Station Dhanari, District Sambhal be released on bail on 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 applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will 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 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 :- 28.5.2018 P.P.