Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10463 of 2021 Applicant :- Smt. Rashmi Nath Opposite Party :- State of U.P.
Counsel for Applicant :- Ajay Kumar Srivastava Counsel for Opposite Party :- G.A.,Raghav Ram
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.462 of 2019, under Sections 302, 504, 506 and 34 IPC, Police Station- Cantt, District- Prayagraj, during the pendency of trial.
The F.I.R. version is that on the fateful day in the night two persons came to the house of the informant and said that some persons are beating her son, whereupon she with her daughter went there on scooty where there was great noise and he saw that four named accused persons were beating the deceased on his head by brick, thereafter, the accused persons run away from the place. In the hospital the injured was declared dead.
It is argued by the learned counsel for the applicant that the applicant has been falsely implicated in the present case. It is next submitted that similarly placed co-accused Nilesh Nath has already been granted bail by Coordinate Bench of this Court vide order dated 25.06.2021 passed in Criminal Misc. Bail Application No.3646 of 2021 and on the ground of parity, the applicant is also entitled to be released on bail. The applicant has no criminal history to his credit and is languishing in jail since 20.09.2019. Lastly, it is submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra, learned A.G.A. has opposed the prayer for bail of the applicant but conceded on the point that similarly placed aforesaid co-accused has already been enlarged on bail by this Court.
I have considered the submissions of the parties and the fact that the aforesaid similarly placed co-accused has already been enlarged on bail by the Coordinate Bench of this Court.
Keeping in view the nature of offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Without expressing any opinion on the merits of the case, let the applicant Smt. Rashmi Nath be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant shall not temper with the evidence during trial.
(ii) The applicant shall not pressurize/intimidate the prosecution witness.
(iii) The applicant shall appear before the trial Court on the date fixed.
(iv) In case of misuse of any condition during trial, the concerned Court below shall be at liberty to cancel the bail.
(v) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(vii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 12.8.2021 pks