Allahabad High Court
Nafis vs State Of U.P. on 17 April, 2019
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15917 of 2019
Applicant :- Nafis
Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajiv Tiwari
Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Sri Satendra Narayan Singh, learned counsel filed Parcha on behalf of applicant, is taken on record.
Heard Sri Satendra Narayan Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that the FIR of the alleged incident was lodged by informant Rishi Pal against 4 named persons and 3 unknown after recovery of dead body of the deceased. In FIR it has been mentioned that applicant called the deceased at his shop by mobile phone on 10.7.2018. At this deceased and Sanju reached at the shop of the applicant. Thereafter, the dead body of the deceased was found in the field of paddy crop of village Manpur. According to postmortem report only one gun shot injury has been found on the body of the deceased. The first informant in his second statement recorded on 16.7.2018 expressed suspicion against Sanju. The co-accused Sanju was arrested by the police and on interrogation he confessed his guilt and has stated that applicant, deceased and co-accused Sanju looted one motorcyclist and also snatched Rs. 5,000/- from his pocket and one mobile. Rs. 5,000/- was taken by the deceased. At this he fired upon the deceased. As per confessional statement of co-accused Sanju one gun shot injury was caused by Sanju. The applicant had not caused any injury to the deceased. There is no direct evidence against the applicant. Except the confessional statement of co-accused there is no other cogent evidence against the applicant. Nothing incriminating has been recovered from the possession of the applicant or on his pointing out. The criminal history of the applicant has been explained in para 29 and 30 of the affidavit filed in support of bail application. The applicant is in jail since 11.9.2018.
Per contra; learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Nafis involved in Case Crime No. 518 of 2018, under section 302, 201, 120B, 34 IPC, P.S. Tappal, District Aligarh be released on bail on his furnishing a personal bond with 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 evidence.
2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.
3. He shall appear on each and every date fixed by the trial court unless 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 :- 17.4.2019
Masarrat
