Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17636 of 2019 Applicant :- Vijay Shankar Nishad Opposite Party :- State Of U.P.
Counsel for Applicant :- Hrishikesh Bhatta Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant Vijay Shankar Nishad, who is involved in Case Crime No. 579 of 2018, under Sections 379, 411, 419, 420, 467, 471 I.P.C., P.S. Kotwali, District Fatehpur, is seeking enlargement on bail.
It has been submitted by learned counsel for applicant that applicant is innocent; he has been falsely implicated in this very case crime number; first information report was got lodged against unknown miscreants for committing theft of motorcycle concerned and it was not recovered from the possession of accused-applicant; rather his name has been brought in light on the basis of confessional statement made by co-accused persons, who were apprehended in another case at Kanpur Nagar. The criminal history of applicant has been satisfactorily explained in paragraph No. 7 of the affidavit to the bail application. The co-accused in this very case crime number have been enlarged on bail by coordinate Bench of this Court, hence bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail, but could not dispute the aforesaid facts.
Considering the rival submissions, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant Vijay Shankar Nishad, involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 26.4.2019 NS