The single judge court granted bail to the applicant Nazim in a criminal case involving affray and culpable homicide. The court observed a prima facie case for bail without expressing an opinion on merits, directing the release on personal bond and sureties.
Release on bail on furnishing personal bond and two sureties each.
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Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44245 of 2021
Applicant :- Nazim Opposite Party :- State of U.P. Counsel for Applicant :- Dinesh Kumar Verma Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. The applicant is not named in the first information report, which was lodged against co-accused Pankaj, Arun Kumar, Vansh @ Boby and one unknown person. During investigation the name of applicant has surfaced in the statement of witness Veer Pal, Manoj Kumar, Sravan and Dolly and that only general role of assault on deceased has been attributed to applicant and co-accused persons. No specific role has been assigned to applicant. In postmortem report, seven injuries have been shown on the person of deceased and cause of death has been shown antemortem head injury but there is no such specific evidence that which of the accused is author of said head injury. It has further been submitted that similarly placed co-accused Vikas Babu has already been granted bail by co-ordinate Bench of this Court and that now the applicant is languishing in jail since 10.09.2021, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Nazim involved in Case Crime No. 251 of 2020, under Sections 147, 148, 304, 34 IPC, P.S. Civil Line, District Etawah, be released on bail on furnishing each 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 shall not pressurize/ intimidate the prosecution witness.
3.The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
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 them 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 27.11.2021 A. Tripathi
1 issue framed by the court
Whether the applicant is entitled to bail under the facts of the case.
Nazim
Raj Beer Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
