Allahabad High Court
Nankhu vs State Of U.P. on 23 March, 2021
Bench: Virendra Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 33
Case :- BAIL No. - 3593 of 2021
Applicant :- Nankhu
Opposite Party :- State of U.P.
Counsel for Applicant :- Anurag.S.'Kaalesh',Vikalp Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
The instant application has been filed for bail of Nankhu, involved in Case Crime No.0408 of 2020, under Sections 304, 323, 504, 506 IPC., Police Station Gosaiganj, District Lucknow.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
Learned counsel for applicant submits that applicant is innocent and has been falsely implicated. Learned counsel further submits that in the instant case four persons namely Phool Chand, Nankhu, Sanjay and Vishal were named in the First Information wherein specific allegation was made against the co-accused Phool Chand for causing head injury by iron rod to the deceased whereas general allegations were made against the applicant and other co-accused Sanjay and Vishal for causing injury by lathi, danda to the deceased. Learned counsel further submits that co-accused Sanjay and Vishal have already been bailed out by the lower court. Learned counsel for the applicant further submits that the applicant is a law abiding person having no criminal history, languishing in jail since 10.08.2020. Learned counsel further submits that if the applicant is released on bail he will not misuse the liberty granted by this Court.
Learned AGA vehemently opposed the prayer for bail but did not dispute the factual submission advanced by learned counsel for the applicant. Learned AGA further submits that as per instructions received to him, applicant has no criminal history but in view of the gravity of the offence applicant is not entitled to be released on bail.
Looking into the facts and circumstances of the case, nature and gravity of the offence, material available on record regarding role of accused and without expressing any opinion on the merits of the case, I am of the view that the bail application is liable to be allowed.
The application for bail is allowed.
Let the applicant Nankhu involved in the aforesaid case crime 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 :-
i. The applicant shall not tamper with the prosecution evidence.
ii. The applicant shall not threaten or harass the prosecution witness.
iii. The applicant shall file an undertaking to the effect that he 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.
iv. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
v. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case (ii) framing of charge and (iii) recording of statement under Section 313 CrPC (iv) argument / judgment.
vi. If in the opinion of the trial court, absence of the applicant is deliberate or without sufficient cause then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 23.3.2021
P.s.
