Nakali Singh vs State Of U P

Court No. - 55

Case :- CRIMINAL MISC. BAIL APPLICATION No.42804 of 2017 Applicant :- Nakali Singh Opposite Party :- State Of U.P.

Counsel for Applicant :- Ranjeet Asthana,Dinesh Chandra Tripathi Counsel for Opposite Party :- G.A.

Hon'ble Ravindra Nath Kakkar,J.

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

The present bail application has been filed for enlarging the applicant on bail in Case Crime No.2562 of 2008, Complaint Case No.7288 of 2011, under Sections 302, 120-B, 506 I.P.C., Police Station Nai Mandi, District Muzaffar Nagar.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is further submitted that the FIR has been lodged on an application moved under Section 156(3) Cr.P.C. after an inordinate delay which itself falsifies the prosecution story. It is further submitted that general allegation is assigned to the applicant and there is also no evidence on record to connect the applicant with the complicity of the alleged offence. It is further submitted that co-accused, namely, Vikram, Omveer, Ompal, having identical role, have been granted bail by this Court vide order dated 12.10.2017 passed in Crl. Misc. Bail Application Nos.37829, 38094 and 38091 of 2017 respectively. Accordingly, the applicant is also entitled for bail on the ground of parity. It is lastly submitted that the applicant has no other criminal history to his credit and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses and the applicant is in jail since 12.9.2017.

Learned A.G.A. has, however, opposed the prayer for bail to the applicant but admitted the fact that co-accused, namely, Vikram, Omveer, Ompal, having identical role, have been granted bail by this Court.

Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.

Let applicant Nakali Singh be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-

(i) The applicant shall not indulge in any criminal activity.

(ii) The applicant shall not tamper with the prosecution evidence.

(iii) The applicant shall not pressurize the prosecution witnesses.

(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.

In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.

Order Date :- 7.11.2017 Anand Sri./-