Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29525 of 2021 Applicant :- Nitesh @ Sahab Opposite Party :- State of U.P.
Counsel for Applicant :- D.K.Ojha,Anil Kumar Pal Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
By means of this application, the applicant who is involved in Case Crime No. 685 of 2020, under Sections 302 and 120B I.P.C., P.S. Naini, district- Allahabad and he is in jail since 24.7.2020, is seeking enlargement on bail during the trial.
This is the second bail application of the applicant. The first bail application of the applicant was rejected by this Court vide order dated 2.12.2020 passed in Criminal Misc. Bail Application no. 38365 of 2020. The new ground on which the the applicant is seeking enlargement on bail during the trial, vide this application is that after the rejection of the first bail application of the applicant, similarly placed other co-accused Pushpa Patel and Baijnath, who were named in the FIR and name of the present accused came into light in their confessional statements, have already been enlarged on bail by another Bench of this Court vide orders dated 15.12.2020 and 17.12.2020 respectively passed in Criminal Misc. Bail Application Nos. 39162 of 2020 and 46810 of 2020, copy whereof has been filed as Annexure-5 to the affidavit accompanying the bail application and hence the applicant, whose case stands on a better footing than that of the co-accused, Pushpa Devi and Baijnath, is entitled to be enlarged on bail on merits as well as on parity.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering that other co-accused, who were named in the FIR and in whose statements, name of the present accused surfaced have been granted bail, considering that there was no blood stains on the recovered weapon, considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Nitesh @ Sahab be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(b) 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.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 25.10.2021 Faridul