Allahabad High Court
Nawab Singh Yadav vs State Of U.P. on 14 May, 2019
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20186 of 2019
Applicant :- Nawab Singh Yadav
Opposite Party :- State Of U.P.
Counsel for Applicant :- Rakesh Kumar Shukla
Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Sri Shriprakash Dwivedi and Sri Amit Daga, learned counsel filed vakalatnama on behalf of the complainant, are taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that Ravindra, the brother of the deceased, has lodged an information on 3.11.2018 at 13:47 hours alleging therein that on 3.11.2018 at 10.30 hours his brother Sanjeev was going to village Semara from his house. Due to old enmity, Raj Kumar Yadav, Lakhpat Yadav, Bitul Yadav, Ankush Yadav, Ugesh Yadav, Ravi Yadav and others have committed marpit with Sanjeev and they threw Sanjeev near a temple of Gopalpura Mata Ka Mandir. On the information 100 Dail police admitted Sanjeev in district hospital Datiya where during treatment he died. Another first information report was lodged by Sher Singh, father of the deceased, on 3.11.2018 at 17: 11 hours against 18 persons including the applicant making general allegation for committing marpit with the deceased and injured Geeta Devi, the mother of the deceased. Learned counsel for the applicant further submitted that the applicant is innocent and has falsely been implicated in this case. It has further been submitted that in the statement of A.S.I. Kok Singh it has come that he along with S.O. Ravindra Kumar reached near Mata Ka Mandir where a person was lying in injured condition. On being query, he disclosed his name Sanjeev and stated that he was beaten by Kalla, Jabar Singh, Raj Kumar, Jagpal, Ankush, Lakhpat Bahadur Singh, Ajay @ Bitul, Raman and Dhirendra with lathi, danda and stone. The deceased Sanjeev had not disclosed the name of applicant. It has further been submitted that video recording of injured was also prepared by the police. The applicant has not committed the alleged offence. The co-accused Sahab Singh having identical role has already been released on bail by this court vide order dated 26.4.2019 in Criminal Misc. Bail Application No. 17661 of 2019, therefore, the applicant is also entitled for bail on the ground of parity. Nothing incriminating has been recovered from the possession of the applicant or on his pointing out. The applicant has no criminal history and is in jail since 28.3.2018.
Per contra, learned A.G.A. as well as learned counsel for the complainant opposed the prayer for bail and argued that the applicant is named in the F.I.R. lodged by the father of the deceased. The applicant and other co-accused have committed marpit with the deceased, therefore, the applicant is not entitled 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 Nawab Singh Yadav involved in Case Crime No. 114 of 2018, under section 302, 323, 342, 504, 506, 147, 148, 149 IPC, P.S. Raksha, District Jhansi 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 :- 14.5.2019
Masarrat
