Single judge allowed bail to Angad Nishad accused in a murder case under Section 304 IPC. The court held it was a fit case for bail noting the applicant has no criminal history and was allegedly falsely implicated.
Release on bail by furnishing a personal bond and two sureties subject to standard conditions.
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. - 50 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44175 of 2018 Applicant :- Angad Nishad Opposite Party :- State Of U.P. Counsel for Applicant :- Harish Kumar Tripathi 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, F.I.R. was lodged against three accused persons, namely Sarvdev Nishad, Angad Nishad and Ramraj alleging that on 10.9.2018 they assaulted Hotilal (father of complainant), he received one head injury, resultantly died.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. According to F.I.R., main role was assigned to coaccused Sarvdev Nishad. There is general role against all accused persons except co-accused Sarvdev Nishad. There is no independent witness and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 18.9.2018 (more than two and half months) having no criminal history 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 applicant Angad Nishad involved in Case Crime No. 200 of 2018, under Section 304 IPC, Police Station Peepiganj, District Gorakhpur 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 :- 4.12.2018//A. Singh
2 issues framed by the court
Whether bail should be granted to the applicant accused of culpable homicide causing death.
Whether the applicant, having no criminal history and being falsely implicated, should be released on bail.
Angad Nishad
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
