Allahabad High Court
Nilesh vs State Of U.P. on 26 February, 2019
Bench: Aniruddha Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8378 of 2019
Applicant :- Nilesh
Opposite Party :- State Of U.P.
Counsel for Applicant :- Santosh Kumar Tiwari
Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri C.P. Singh, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged against six accused persons, namely, Rajaram, Nilesh, Kamlesh, Wife of Rajaram, Manoj and Narendra alleging that on 27.10.2017 they assaulted Rajaram, Amrawati, Ramesh, Archna and Subhawati by lathies and dandas. Rajaram received seven injuries. Due to injuries no. 1 and 2 he died. Other injury of the deceased as well as injured were found simple in nature and were not on vital part of the body.
It is submitted by learned counsel for the applicant that co-accused- Rajaram Chauhan has been enlarged on bail by co-ordinate Bench of this Court vide order dated 31.10.2018 in Criminal Misc. Bail Application No.41792 of 2018 and the case of the applicant is identical to the case of co-accused who has already been enlarged on bail; hence the applicant is also entitled for bail on the ground of parity. The applicant is innocent and has been falsely implicated in the present case. The role of assault by stick has been assigned to the applicant and that was not found on vital part of the body of the deceased. Only two injuries were found on the head of the deceased and it was not clear that who had caused injuries on head of the deceased. There is no independent witness against the applicant. There is no eye witness account against the applicant. The applicant is languishing in jail since 29.10.2017 (about one year and four months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. Learned counsel for the applicant further submitted that there is no possibility to get this decided in near future.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that the applicant has no criminal history and also admitted that the case of the applicant is identical to the case of co-accused- Rajaram Chauhan, who has been enlarged on bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant Nilesh involved in Case Crime No. 378 of 2017, under Sections 147, 148, 149, 302/34, 324, 323 IPC, Police Station Purandarpur, District Maharajganj be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2.The applicant will not pressurize/ intimidate the prosecution witness.
3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4.The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5.The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 26.2.2019
OP
