Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40906 of 2018 Applicant :- Rajesh Nishad Opposite Party :- State Of U.P.
Counsel for Applicant :- Kailash Choudhary Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Kailash Choudhary, learned counsel for the applicant and learned A.G.A. appearing for the State.
Learned counsel for the applicant submitted that the applicant is not named in the F.I.R. He has not committed any offence but the police only to increase the gravity of offence implicated the applicant in the present case. The recovery which is said to have been made from the applicant's possession is planted one. There is no evidence on record against the applicant that he has cause any injury to the injured. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. Further submission is that applicant who is in jail since 15.7.2018 has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer for bail.
Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.
Let the applicant Rajesh Nishad be released on bail in Case Crime No. 593 of 2018, under Sections 379, 411, 307, 332, 333, 353 I.P.C. and Section 26/52/52D Indian Forest Act, P.S. Khorabar, district-Gorakhpur on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
Is is also directed that the applicant shall deposit a sum of Rs. one lac before Divisional Forest Officer, Gorakhpur within a period of 15 days from his release.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 26.10.2018 Faridul