Allowance of bail application in a murder/culpable homicide case. The court noted false implication for the applicant and lack of evidence, granting bail with standard conditions including sureties and bonds.
Release of applicant on personal bond and two sureties each in the like amount, subject to conditions against tampering, intimidation, and reoffending.
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. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16398 of 2019
Applicant :- Nahane @ Mukesh Opposite Party :- State Of U.P. Counsel for Applicant :- Kamlesh Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri C.P. Singh, learned AGA for the State and perused the record.
According to prosecution case, F.I.R. was lodged against four accused persons, namely, Sheetal, Nanjey @ Mukesh, Vinod and Deepak alleging that on 6.11.2018 at the time of gambling co-accused Sheetal had assaulted Vijay Singh (deceased) and badly head hit on the wall. He received one head injury and died.
Learned counsel for the applicant submitted that applicant has been falsely implicated and is languishing in jail since 7.11.2018 (more than five months) having no criminal history. Specific role of assault has been assigned against co-accused Sheetal. Only one injury was found on the head of the deceased caused by co-accused Sheetal. There is no independent witness against the applicant. In case she is released on bail, she 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 Nahane @ Mukesh involved in Case Crime No. 1132 of 2018, under Sections 323 & 304 IPC., Police Station-Jagdishpura, District-Agra 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 :- 22.4.2019 OP
1 issue framed by the court
Whether the applicant Nahane @ Mukesh is entitled to bail in the present case.
Nahane @ Mukesh
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
