Allahabad High Court
Nand Lal @ Nanda Kol vs State Of U.P. on 24 April, 2019
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16952 of 2019
Applicant :- Nand Lal @ Nanda Kol
Opposite Party :- State Of U.P.
Counsel for Applicant :- Santosh Kumar Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that on 22.7.2018 informant Sri Naththoo lodged an FIR that a dead body of unknown person aged about 30 years is lying near Jagdara Nala. The head and face of the deceased were in worst condition. The police reached at the house of the applicant and told that an unknown dead body was found at the Jagdara Nala which has been sent to mortuary which is his son and brought to the applicant with them in the mortuary for identification of the dead body. The dead body was identified by the applicant under the pressure of police as his face was in very worst condition and his face was not identifiable. The dead body was also handed over to the applicant for cremation. The applicant and his family members cremated the dead body and Terahi ceremony was also done by the applicant. During investigation it was found that son of applicant namely Chhota @ Pyare Lal Kol is alive and the dead body which was identified by the applicant was of one Sultan @ Anil. Co-accused Vinay Kumar Shukla @ Vidhayak has committed the murder of the deceased Sultan @ Anil causing gun shot injury and made a rumour that the aforesaid dead body was of rewarded Chhotu @ Pyare Lal Kol. It has further been submitted that the applicant has not committed any offence. He has identified the dead body under the pressure of police. The son of applicant namely Chhota @ Pyare Lal Kol was a dacoit. The face of the deceased was not identifiable. The applicant had not caused any injury to the deceased. The applicant has not wrongly identified the dead body as to save his son. The applicant is an old man aged about 75 years. The applicant has no criminal history and is in jail since 11.2.2019.
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 Nand Lal @ Nanda Kol involved in Case Crime No. 147 of 2018, under section 302, 201, 120B IPC, P.S. Mau, District Chitrakoot 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 :- 24.4.2019
Masarrat
