Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15584 of 2018 Applicant :- Ram Kishun Nishad Opposite Party :- State Of U.P.
Counsel for Applicant :- Kamlesh Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against four accused, namely, Sri Ram Kishun, Vishal, Pooja, Vaijnath alleging that on 24.06.2017 they killed Ram Nayan Nishad (son of complainant) by strangulation and the dead body was found in the vacant house of Dharmendra (the brother of Ram Kishun).
Learned counsel for the applicant submitted that one F.I.R. was lodged by this accused against deceased Ram Nayan and one Ramkesh under Section 376 I.P.C. and compromise was taken place, thus he married his daughter to another place; hence he has been falsely implicated in the present case; there is no legal evidence against any of the accused persons; only one ligature mark was found on the body of the deceased; the deceased has himself committed suicide; there is no independent witness against the applicant; the co-accused Pooja has already been enlarged on bail; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 20.07.2017 (more than nine months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused.
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 Ram Kishun Nishad involved in the Case Crime No. 255 of 2017 (Criminal Case No. 10053 of 2017) under Sections 302, 506, 34 I.P.C., P.S. Khajani, District Gorakhpur be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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 :- 26.4.2018 A. Tripathi