Nauminath v. State of U.P.

Court No. - 84

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2619 of 2019

Applicant :- Nauminath Opposite Party :- State of U.P. Counsel for Applicant :- Budhi Sagar Tripathi,S.P.K. Tripathi Counsel for Opposite Party :- G.A.

Hon'ble Raj Beer Singh,J.

The present bail application has been filed by the applicant in Case Crime No. 891 of 2018, under Sections 304, 120B of IPC, Police Station Cantt. District Gorakhpur with the prayer to enlarge the applicant on bail.

Heard learned counsel for the applicant, learned AGA for the State and perused the record.

Learned counsel for the applicant submitted that applicant has been falsely implicated in the present case. In FIR, no specific role was assigned to applicant. It was submitted that alleged eye witnesses Ravindra Nishad, Pratap Sahni and Mohan Yadav were not shown as witness in the FIR and that they were introduced during investigation. It was further submitted that no motive was assigned to applicant except that some altercation has been taken place among children of parties. Learned counsel further stated that deceased has sustained single injury and as per FIR, common role was assigned to all the three accused persons. Co-accused Vicky and Manish have already been granted bail by Co-ordinate Bench of this Court in Criminal Misc. Bail Application Nos. 1918 of 2019 and 839 of 2019 respectively, copies of which are taken on record. It was submitted that applicant is languishing in jail since 25.10.2018 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in