Allowed
Shiv Nandan v. State of U.P.
Allahabad HCBAIL/18904/2018
Case brief
from the order text
What is this about?
Case :- CRIMINAL MISC. BAIL APPLICATION No.…
What the court decided
AI extract
Case :- CRIMINAL MISC. BAIL APPLICATION No.…
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Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18904 of 2018
Applicant :- Shiv Nandan Opposite Party :- State Of U.P. Counsel for Applicant :- Rajesh Kumar Verma Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged against five accused persons, namely Shivnandan, Raju, Dharmendra Kumar, Sangeeta Devi and Ruprani alleging that on 2.8.2017 they assaulted Rakesh Kumar. He received three injuries. Two were on head and one was on shoulder. He died after three days of the incident.
Learned counsel for the applicant submitted that applicant applicant is languishing in jail since 6.3.2018 (about nine months); having no criminal history; the applicant is innocent and has been falsely implicated in the present case; general role has been assigned to all accused; Raju was present at the time of inquest report; there was no intention or knowledge to kill the deceased; incident was taken on spur of moment; there is no independent witness and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
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 applicant has no criminal history.
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 the applicant Shiv Nandan involved in Case Crime No. 225 of 2017, under Section 147, 304 IPC, Police Station-Hathgam, District-Fatehpur 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:
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 :- 29.11.2018 OP
3 issues framed by the court
Whether the accused is eligible for bail in a murder case involving death after three days of assault.
Whether the applicant has met the requirements for release on bail while ensuring evidence preservation.
Whether bail conditions sufficient to prevent tampering and intimidation can be framed for the applicant.
Shiv Nandan
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court