Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40550 of 2019 Applicant :- Nitesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Awadh Mishra,Siddhartha Mishra Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
S/Sri Shachi Singh and Alok Kumar Singh, Advocates filed their Vakalatnama on behalf of the complainant is taken on record.
Heard learned counsel for the applicant, Sri Mayank Kishra (B.H.), learned counsel appearing for the State, S/Sri Shachi Singh and Alok Kumar Singh, learned counsel for the complainant and perused the record.
According to prosecution case, F.I.R. was lodged on 13.6.2019 (after four days of the incident) against two accused persons, namely, Nitesh and Omindar alleging that on 9.6.2019 at 10:30 hours Manoj Kumar, nephew of the complainant, was went with Nitesh and Omindar. Later on his dead body was recovered and according to postmortem report, cause of death was found smothering with one lacerated and one abrasion wounds but hyoid bone was found intact. Viscera was preserved. At the pointing out Nitesh and Omindar one lower of the deceased was shown to be recovered.
Learned counsel for the applicant submitted that applicant has been falsely implicated in the present case and is languishing in jail since 11.7.2019 (more than two and half months) having no criminal history. Nobody had killed the deceased and one Sonu has given information to the Police by dialling 100 number on 9.6.2019 on the same day but nothing was done. Deceased died due to throttling. Nobody had killed him and according to medical jurisprudence in the case of drowning cause of death may be smothering. There is no intention or knowledge of the applicant to kill the deceased. There is no legal and cogent evidence against the applicant except confessional statement of accused before the Police personnel. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. as well as learned counsel for the complainant 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 also admitted that hyoid bone of the deceased was found intact.
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 the applicant Nitesh involved in Case Crime No. 252 of 2019, under Section 302, 201 IPC, Police Station-Daurala, District-Meerut 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 :- 30.9.2019 OP