In a bail application under Sections 304, 452, 323, and 504 IPC, the Court allowed the prayer considering the applicant's lack of criminal history, the sudden fight context, and the absence of clear evidence of who caused the fatal injuries.
Applicant released on bail with 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. - 46549 of 2018
Applicant :- Nanka Opposite Party :- State Of U.P. Counsel for Applicant :- Faizan Siddiqui Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Counter affidavit filed today is taken on record.
Heard learned counsel for the applicant, Sri C.P. Singh, learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged on 9.7.2018 against seven accused persons, namely, Ramkumar, Nanhaka, Govind, Surendra, Rinshu, Prince and Ankit alleging that on 7.7.2018 they assaulted Ramshri with lathi-danda and axe, she received eight injuries, 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. There is cross case in case crime no. 501 of 2018 including under Section 308 IPC. It was a case of sudden fight and incident has taken place in spur of moment, both sides have received injuries. At this stage, it is not possible to decide who is the aggressor. There are general allegations against all accused. Offences levelled against the applicant are not attracted in the present case. It is not clear from the prosecution evidence who is the author of that injury due to which she died. There is no independent witness. He is languishing in jail since 1.10.2018 (more than three 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 counsel for the complainant as well as 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 Nanka involved in Case Crime No. 480 of 2018, under Sections 304, 452, 323, 504 IPC, P.S. Ghatampur, District Kanpur Nagar 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 :- 11.1.2019
A. Singh
1 issue framed by the court
Whether the applicant is entitled to bail under Sections 304, 452, 323, 504 IPC given the gravity of the offence and lack of independent witnesses.
1 provisions across 1 enactments
Nanka
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
