Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10701 of 2018 Applicant :- Nitesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Raghuvansh Misra Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged on 4.12.2017 against Nitesh, Vinesh and Kaushlendra alleging that on 3.12.2017 at 8:30 A.M. Vinesh shot fire at Rajeev @ Shivdutt with licenced 12 Bore gun and Nitesh shot fire at Smt. Baby with countrymade pistol. They received pellet injuries. injured Shivdutt was discharged after one hour and Smt. Baby after two days from the hospital.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 5.12.2017(more than three and half month) having no criminal history; he has been falsely implicated in the present case; injuries received by injured persons are not dangerous to life. Both the injured have filed affidavits before II CJM, Mainpuri stating therein that injuries sustained by them were not caused by accused persons and some unknown person shot fire and they received injuries. Same affidavits have been sent to the police authorities; no offence is made out against this accused and there is no evidence against this accused; in case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, 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 the applicant has no criminal history.
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 view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Nitesh involved in Case Crime No.338 of 2017, under Sections 323, 307, 504, 506 IPC, Police Station Dannahar, 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 :- 28.3.2018 P.P.