Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20520 of 2018 Applicant :- Nitin Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Vinod Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri Z.K. Hasan, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 30.12.2017 against unknown persons alleging that on 25.12.2017 Ramji Lal was missing and dead body of deceased was found after postmortem on 27.12.2017. According to postmortem report four gunshot injuries and two incised wound were found on the body of deceased. During investigation, one Pawan @ Kallu was arrested by the police personnel, confessed and stated that he killed Ramji Lal with the help of Manish, Nitin and Sonu. One sharp-edged weapon (dav) was recovered on the pointing out of co-accused Pawan @ Kallu and one countrymade pistol was recovered on the pointing out of co-accused Manish.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Applicant is B.Com student. Applicant was not named in the F.I.R. The name of the applicant was disclosed by co-accused Pawan @ Kallu in his confessional statement before the police personnel. Main role was assigned to co-accused Pawan @ Kallua and Manish. Offences levelled against the applicant are not attracted in the present case. Nothing was recovered on the pointing out of applicant. It is a case of circumstantial evidence, no chain is established to connect the applicant with this crime. There is no legal evidence against the applicant except the confessional statement of co-accused Pawan @ Kallu before the police personnel. He is languishing in jail since 14.2.2018 (more than three and half month) 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 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.
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 Nitin Kumar involved in Case Crime No. 1056 of 2017, under Sections 302, 201, 34 IPC, Police Station Sikandarabad, District Bulandshahr 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 :- 30.5.2018 A. Singh