Allowed

Nageshwar Alias Nagendra and Anr. v. State of U.P. and Anr.

Allahabad HC20 Jul 2018CRLA/2285/2018

Case brief

AI extract

What is this about?

This criminal appeal against a bail rejection order was allowed. The court set aside the impugned order and directed the release of the appellants on bail with personal bond and sureties, noting they lacked criminal history and had been in custody since July 2018.

What did the court decide?

The appeal was allowed; the impugned bail rejection order dated 16.4.2018 was set aside; appellants were released on bail with conditions regarding tampering with evidence, intimidation, and appearanc

Nageshwar Alias Nagendra and Anr. Vs State of… — Criminal Trial and Appeal | Allahabad HC (2018)

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Court No. - 41

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Case :- CRIMINAL APPEAL No. - 2285 of 2018

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Appellant :- Nageshwar Alias Narendra And Anr. Respondent :- State Of U.P. And Anr. Counsel for Appellant :- Suneel Kumar Rai Counsel for Respondent :- G.A.

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Hon'ble Aniruddha Singh,J.

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Learned counsel for the appellants is permitted to make necessary correction in the prayer clause of the memo of appeal as well as the name of the appellant no. 1.

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Sri Rajesh Kumar Yadav, Advocate filed his Vakalatnama on behalf of complainant is taken on record.

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Heard learned counsel for the appellants and learned AGA for the State and Sri Rajesh Kumar Yadav, learned counsel for the complainant and perused the record.

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This criminal appeal has been filed against order dated 16.4.2018 passed by Additional Sessions Judge/ F.T.C.1st//Special Judge(SC/ST Act), Auraiya in Bail Application No. 472 of 2018 arising out of Case Crime No. 199 of 2016, under Sections 147, 148, 149, 323, 325, 504, 506 IPC and 3(2)(v) k of SC/ST Act, Police Station Bela, District Auraiya whereby bail application of appellants was rejected.

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Brief facts of the case are that FIR was lodged against Ramveer, Nageshwar, Sonu, Golu, Ram Narain, Bharat Singh, Pramod Kumar, Udai, Anuj, Horilal, Awdhesh and Patrey alleging that on 20.8.2016 they assaulted Satyabhan and Alok Kumar by kicks and fists and with danda. They have received injuries but simple in nature.

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Learned counsel for the appellants submitted that the appellants have been falsely implicated; there is no independent witness; they are languishing in jail since 7.4.2018 (more than three and half months); having no criminal history and if they are enlarged on bail, they will not abscond or tamper with the evidence.

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Learned AGA and learned counsel for the complainant opposed the prayer for bail but admitted that the appellants have no criminal history.

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For the foregoing discussions, 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 view that the appellants have made out a case for bail. The appeal is allowed. Impugned order dated 16.4.2018 rejecting bail of appellants is hereby set aside.

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Let appellants Nageshwar Alias Narendra and Hori Lal involved in aforesaid case 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:-

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The appellants will not tamper with the evidence during the trial.

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2.The appellants will not pressurize/ intimidate the prosecution witness.

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3.The appellants will appear before the trial court on the date fixed, unless personal presence is exempted.

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4.The appellants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.

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5.The appellants 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.

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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Office is directed to send the lower court record to the concerned court immediately, if it has been received.

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Order Date :- 20.7.2018 OP

Nageshwar Alias Nagendra and Anr. v. State of U.P. and Anr.

Case brief

What is this about?

What did the court decide?

Nageshwar Alias Nagendra and Anr. v. State of U.P. and Anr.

Case brief

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