Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8542 of 2019 Applicant :- Nikku @ Abhishek Opposite Party :- State Of U.P.
Counsel for Applicant :- Ramesh Chandra Pal Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by Sri Anurag Dubey, Advocate on behalf of complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged against seven accused persons, namely Vinay, Munna, Nikhil, Nikku, Vijay, Yogendra Singh, Mangal Singh and two unknown persons alleging that on 12.4.2018 they shot indiscriminate firing at Rohit and Yogendra Singh, they received gun shot injuries, resultantly died. Specific role of firing at Rohit, was assigned to co-accused Vinay and firing at Yogendra was assigned to co-accused Munna and Mangal. Role of assault was assigned to Yogendra Singh Bauwa and Nikku @ Abhishek by butt of riffles.
It is submitted by learned counsel for the applicant that co- accused namely Yogendra Singh @ Bauwa has been granted bail by co-ordinate Bench of this Court vide order dated 15.2.2019 in Criminal Misc. Bail Application No. 5928 of 2019, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. Main role of firing was assigned to co-accused Vinay, Munna and Mangal Singh. There is no independent witness. 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 14.4.2018 (near about ten and half 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 counsel for the complainant opposed the prayer for bail.
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 Yogendra Singh @ Bauwa 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 Nikku @ Abhishek involved in Case Crime No. 176 of 2018, under Sections 147, 148, 149, 307, 302/34 IPC, Police Station Bewar, District Mainpuri 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 :- 27.2.2019 A. Singh