Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7727 of 2019 Applicant :- Nikhil Opposite Party :- State Of U.P.
Counsel for Applicant :- Vijay Bahadur Shivhare,Rahul Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri Manas Bharvava, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 23.6.2018 (after 25 days of incident) against four accused persons, namely Pushpa Devi, Nikhil, Dipendra and Anil alleging that on 29.5.2018, Indal was missing before one month, he found dead and only bones were recovered.
It is submitted by learned counsel for the applicant that co- accused namely Smt. Pushpa Devi has already been granted bail by co-ordinate Bench of this Court vide order dated 1.11.2018 in Criminal Misc. Bail Application No. 41629 of 2018, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. F.I.R. was lodged after 25 days of incident without explaining any delay and on the basis of suspicion only. There is no independent witness and no legal evidence against the applicant except confessional statement of applicant and co-accused before the police personnels. The applicant is innocent and has been falsely implicated in the present case. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 23.6.2018 (more than eight months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history and the case of present applicant is identical to co- accused Smt. Pushpa Devi who has been enlarged on bail.
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 opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant Nikhil involved in Case Crime No. 58 of 2018, under Sections 302, 201 IPC, Police Station Muskara, District Hamirpur 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 :- 25.2.2019 A. Singh