Nitin Kumar Singh @ Kallu and Anr. vs State of U.P.

Het Singh Yadav, J.

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

Learned counsel for the applicants argued that the applicants are not named in the first information report. The injured in his statement under section 161 Cr.P.C. recorded after seven days of the incident disclosed that the applicant with sticks in their hand were also present on the scene of occurrence along with the main accused. The applicants have been assigned no role except that they were also present. As per medical opinion, the injuries sustained by the injured were not caused by hard and blunt object. Thus, the applicants who have been falsely implicated in this case, deserve to be enlarged on bail.

Learned A.G.A. strongly repudiates the submission made as above and contended that the applicants are also one of the assailants.

Having given my thoughtful consideration to the points pertaining to the nature of accusation, prima facie satisfaction regarding proposed evidence and severity of punishment raised as above by the learned counsel of both the sides and on perusal of record, I am of the view that the applicants deserve to be enlarged on bail for the following reasons

(a) . The applicants were not named in the first information report.

(b). It is alleged that he was present on the seen of occurrence along with main assailants having stick.

(c). The injuries sustained by the injured cannot be caused by hard and blunt object.

Let the applicants, Nitin Kumar Singh @ Kallu and Shubham Singh @ Golu who are involved in case crime No. 118 of 2013, under sections 147, 148, 149, 323, 504, 506, 307 IPC, Police StationJalalpur, DistrictJaunpur be released on bail on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:

(i) The applicants 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 to disclose such facts to the Court or to any other authority.

(ii) The applicants shall remain present before the court on the date fixed for hearing in the case and will cooperate in the trial. In case of unavoidable circumstances for remaining absent, they shall immediately give intimation to the court concerned through counsel and request be made to the trial court that they may be permitted to be present through counsel.

(iii) they will not misuse the liberty of the bail and will not repeat any such instance in future.

Deviation of any of the above conditions shall entail cancellation of bail.

The trial court shall decide the case expeditiously uninfluenced by the observations made hereinabove.