The Court allowed a bail application filed by a first-year BBA student accused of assault in an aggravated culpable homicide not amounting to murder case. The applicant was granted release on furnishing a personal bond and two sureties.
Release on bail by furnishing personal bond and two sureties, verified by the Court.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29583 of 2022
Applicant :- Nishant Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Krishna Kant Dubey,Anand Prakash Dubey
Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard Sri Anand Prakash Dubey, learned counsel for the applicant, Sri Ram Adhar Ram, learned A.G.A. for the State and perused the record.
The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.121 of 2022, registered under Sections 147, 148, 149, 342, 308 I.P.C., Police Station Kankerkheda, District Meerut during pendency of the trial.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant is student of first year of Bachelor of Business Administration. No specific role has been assigned to the applicant, general role of assault against the applicant. Six persons named and 6-7 persons unknown are alleged as accused in the FIR. The injury received by the injured are simple in nature as the same is of swelling on his forehead. The applicant has one case of criminal history, the same has been explained in para 3 of the supplementary affidavit. The applicant is languishing in jail since 04.03.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.
Learned A.G.A. has opposed the bail prayer of the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Nishant Sharma, who is involved in the
aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 22.9.2022 Nitin Verma
Digitally signed by NITIN KUMAR VERMA Date: 2022.09.22 17:48:53 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant has made out a case for bail in a trial pending for offences under Sections 147, 148, 149, 342, 308 IPC.
Whether release on bail with personal bond and sureties is appropriate in the given circumstances.
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vs. C.B.I. & AnotherExplained¶10
Satendra Kumar Antil Vs. C.B.I. & Another, S.L.P.(Crl.) No. 5191 of 2021
Nishant Sharma
Deepak Verma
Nitin Verma
As recorded by the court registry
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