Court allowed bail application for Nikhil @ Chhotu in a criminal case alleging assault and attempt to murder, directing furnishing of personal bond and two sureties subject to specific conditions regarding tampering with evidence and future conduct.
released on bail on furnishing a personal bond and two sureties each of the like amount.
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Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46956 of 2019
Applicant :- Nikhil @ Chhotu Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Nath Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Ashok Nath Tripathi, learned counsel for the applicant, Sri Sheetal Prasad Chakravorty, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Nikhil @ Chhotu with a prayer to release him on bail in Case Crime No. 673 of 2019, under Sections 147, 148, 149, 323 and 307 I.P.C., Police Station- Dhoomanganj, District- Allahabad , during pendency of trial.
It is argued by the learned counsel for the applicant that as per the allegations made in the F.I.R. which has been lodged on 01.07.2019, it has been alleged that on 01.07.2019, son of the informant, namely, Prince Bhartiya went to play cricket with his friends, where, the accused persons Sani, Nikhil @ Chhotu (applicant) and Shebu along with some unknown accused persons came and committed marpeet with bricks and stones and with the intention to kill they fired upon him by country made pistol due to which Prince got injured. It has been submitted by the learned counsel for the applicant that in the F.I.R, it has not been specified as to who is the author of the injury caused to Prince. In the statement of the Prince (injured) though it has been stated that the applicant fired upon Chetan since Chetan bent there due to which fire arm hit Prince who sustained serious injuries. However, in the statement of Chetan, no specific role has been assigned to the applicant as he has stated that the accused persons present there hit him and he saved himself by bending down. Seeing the variations in the statement of Prince and Chetan it cannot be assumed that the applicant is the author of the injury caused to Prince. The applicant is languishing in jail since 04.07.2019. The applicant has no criminal history except in the present case. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on
bail he will again indulge in similar activities and will misuse the liberty of bail.
Considering the material/evidence brought on record, the submissions made by the learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 , let the applicant involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions that :-
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 6.11.2019 Priya
1 issue framed by the court
Whether the applicant be released on bail in Case Crime No. 673 of 2019 and during pendency of trial.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherDistinguished¶10
_Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22_ · Who else cites this
Nikhil @ Chhotu
Manju Rani Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
