Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2193 of 2016 Applicant :- Nempal Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Manu Kahre,Jitendra Singh Counsel for Opposite Party :- G.A.,Salil Srivastava,Swetaswa Agarwal
Hon'ble Shashi Kant Gupta,J.
Heard Sri Manu Kahre, learned counsel for the applicant, Sri Irfan Chaudhari, Advocate holding brief of Sri Swetaswa Agarwal, learned counsel for the complainant, learned A.G.A. and perused the record.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated. It is further submitted by learned counsel for the applicant that in the present case co-accused Ramvir, whose case stands on the same footing, has been granted bail by this Court on 30.11.2015 in Criminal Misc. Bail Application No. 40988 of 2015 and has claimed parity. This fact has not been disputed by the learned A.G.A. He further submitted that the appeal of the applicant is already pending before this Court since 1995 and there is no likelihood of early hearing of this appeal in near future. He further explained his criminal history in paragraph 3, 4 and 5 of the supplementary affidavit dated 5.1.2016. The applicant is in jail since 6.4.2015 i.e. more than two years and 11 months.
Per contra, learned counsel for the complaint opposed the bail application but has not disputed that the case of applicant is identical, similar to that of co-accused Ramvir on facts and circumstances who has been bailed out, however, stated that the applicant has got a long criminal history and was also earlier convicted in a case under Section 302 IPC against which a criminal appeal is pending before this Court.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant Nempal Singh involved in Case Crime No. 109 of 2015, under Sections 147, 148, 149 & 302 IPC, P.S. Civil LInes, District Moradabad 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;
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 30.3.2018 vinay