Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39776 of 2019 Applicant :- Nirankar Opposite Party :- State Of U.P.
Counsel for Applicant :- Raghuvansh Misra Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by Sri P.N. Tiwari, Advocate on behalf of the informant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as Ms. Ladlee Pandey, learned AGA for the State and perused the record.
According to prosecution case, F.I.R. was lodged against seven accused persons, namely, Nirankar, Krishnapal, Nirmit, Shivam, Ankit, Sudhakar and Prashant alleging that on 20.2.2019 at 21:00 hours they assaulted Sher Singh. He died receiving five injuries (incised wound and lacerated wounds). Main role of assault to deceased has been assigned to Sudhakar and Prashant.
Learned counsel for the applicant submitted that applicant has been falsely implicated in the present case and is languishing in jail since 2.5.2019 (about five months) criminal history of two cases has been explained. Seven persons were roped in this case. So called injured Gautam has received no injury. Deceased died due to four head injuries on head caused by Sudhakar and Prashant. The case of the applicant is distinguishable from the case of co- accused-Sudhakar and Prashant. Except Sudhakar and Prashant, general role has been assigned against all accused persons. Co-accused Ankit Kumar and Shivam have already been granted bail by this Court vide orders dated 13.9.2019 and 24.9.2019 passed in Criminal Misc. Bail Application Nos.35899 of 2019 and 38909 of 2019 applicant's case is identical to him and he is also entitled to bail on the ground of parity. 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 criminal history has been properly explained and his case is identical to co-accused Ankit who has been granted bail by this Court.
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 Nirankar involved in Case Crime No. 36 of 2019, under Section 147, 148, 149, 307, 323, 302, 504, 506 IPC, Police Station-Heempur Deepa, District-Bijnor 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 :- 26.9.2019 A. Singh