Allahabad High Court
Nanke @ Jainarain & Anr. vs State Of U.P. on 9 July, 2019
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 29
Case :- BAIL No. - 6539 of 2019
Applicant :- Nanke @ Jainarain & Anr.
Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Misra
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Learned counsel for the applicants prays for and is permitted to carry out the amendment in the memo of the application during course of the day.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
It is contended on behalf of the applicant that initially an NCR was registered, however, under the influence of the complainant Section 308 IPC has been added by the investigating officer without there being any material for the same. The complainant has injured because of falling from his tractor and there is no independent witness to the incident. It is further submitted that the applicant is in jail since 10.06.2019 and there is no possibility of the applicants of fleeing away from judicial custody or tampering with the witnesses. In case the applicants are enlarged on bail, they shall not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicants.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and for the period for which they are in jail, the applicants are entitled to be released on bail in this case.
Let the applicants, Nanke @ Jainarain and Sukhdev, involved in Case Crime No. 159 of 2017, under Sections 232, 323, 325, 308, 427 and 504 IPC, Police Station - Kotwali Nagar, District - Gonda, be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicants will not tamper with the evidence during the trial.
(ii) The applicants will not pressurize/ intimidate the prosecution witness.
(iii) The applicants 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.
(iv) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(v) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.
(vi) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
Order Date :- 9.7.2019
R.C.
