The court granted bail to Nirdesh Kumar in Case Crime No. 54 of 2018 under Sections 272 IPC and 60 Excise Act, with the caveat that he furnish a personal bond with two sureties upon satisfaction of the court.
Release on bail with conditions to not tamper with evidence, cooperate in trial, and not commit further crime.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28087 of 2018
Applicant :- Nirdesh Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Prashant Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The argument of the learned counsel for the applicant is that no case under Sections 420, 468, 471 IPC is made out against the applicant. From the allegation in the First Information Report at the most the offence under Section 272 I.P.C. and 60 of Excise Act is made out. There is punishment of six months' imprisonment under section 272 I.P.C. as per State amendment in the aforesaid section. There is punishment of three years' imprisonment under Section 60 of Excise Act. There is no public witness of the recovery. There are six criminal cases against the applicant. Except one case which is under section 3/25 Arms Act wherein he is not involved, the applicant is on bail in all the cases. The applicant is in jail since 31.5.2018 and has been implicated due to political rivalry.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant Nirdesh Kumar be released on bail in Case Crime No. 54 of 2018, under Sections 272, 420, 468, 471 IPC and 60 Excise Act, P.S. Kakvan, District Kanpur Nagar 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 which are being imposed in the interest of justice :-
1.The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2.The applicant shall cooperate in the trial sincerely without seeking any
adjournment.
3.The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 27.7.2018 Rk
2 issues framed by the court
Whether the applicant is entitled to be released on bail given the charge-sheet allegations and existing criminal cases.
Whether a personal bond with two sureties suffices for bail conditions in this case.
2 provisions across 2 enactments
Nirdesh Kumar
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
