Allahabad High Court
Narendra Kumar vs State Of U.P. on 18 November, 2016
Bench: Vijay Lakshmi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39129 of 2016
Applicant :- Narendra Kumar
Opposite Party :- State Of U.P.
Counsel for Applicant :- Jaswant Singh,Arun Kumar
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Vijay Lakshmi,J.
Heard learned counsel for the applicant and learned A.G.A. Perused the record.
Learned counsel for the applicant has submitted that the applicant is innocent and he has been falsely implicated in this case due to enmity of a criminal case bearing Case Crime No. 632 of 2016 under Section 307 and various other sections, lodged against the first informant of this case by the wife of applicant's nephew. It is next submitted that the F.I.R. has been lodged with delay of 2 days after deliberation and consultation in order to make pressure on the applicant and his family to withdraw the criminal case. It is next submitted that though the applicant has been assigned the role of catching hold of the injured by the first informant but his statement does not find support with the statements of injured and the two sisters of the informant, who have only stated that the applicant committed Maarpit with kicks and fists. It is further submitted that the role of the applicant is clearly distinguishable from the role of co-accused Hari Singh who has been assigned the main role of firing on the injured. It is lastly submitted that there is no criminal history of the applicant and he is languishing in jail since 22.8.2016 and the applicant undertakes if released on bail, he will never misuse his liberty.
Learned A.G.A. has vehemently opposed the bail application.
After perusing the record in the light of the submissions made at the Bar, considering the facts and circumstances, the nature of accusations, severity of the punishment in case of conviction, the period of detention already undergone, the unlikelihood of early conclusion of trial and considering the fact that the role of the applicant is distinguishable from the role of co-accused Hari Singh and at the same time, without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail.
Let the applicant Narendra Kumar who is involved in Case Crime No. 634 of 2016, under sections 147, 148, 149, 323, 452, 354, 307, 504 and 506 I.P.C., P.S. Dibiyapur, District Auraiya be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant will not tamper with the evidences.
2. The applicant will not indulge in any criminal activity,
3. The applicant will not pressurize/intimidate the prosecution witnesses and will co-operate with the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 18.11.2016
S.B.
