Nand Kishor @ Sintu v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44151 of 2023 Applicant :- Nand Kishor @ Sintu Opposite Party :- State of U.P. Counsel for Applicant :- Rajneesh Tripathi Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Supplementary affidavit filed by counsel for the applicant is taken on record.

¶2Heard counsel for the applicant and learned AGA for the State.

¶3The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 656 of 2023, under Sections 307 and 414 of I.P.C., Police Station-Highway, District-Mathura during pendency of the trial.

¶4Counsel for the applicant contends that the applicant has been falsely implicated in the instant case. It is a case of firing on the police party. No police personnel has received any injury. In fact, the applicant had received injury on his right leg. No recovery of any incriminating article has been made from the applicant. There is no independent witness to the alleged recovery. The criminal history of the applicant has been explained in para no. 3 of the supplementary affidavit. The applicant is in jail since 29.06.2023. In case he is enlarged on bail, he will not misuse the said liberty.

¶5Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid facts from the record.

¶6Having heard learned counsel for the parties and having perused the record this Court prima facie finds that in the alleged incident, no police personnel has received any injury. There is no independent witness to the alleged recovery. Further, the applicant has remained confined for more than four months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶7Let the applicant, Nand Kishor @ Sintu, involved in the aforesaid case be released on bail on his furnishing a personal bond and two heavy sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not temper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; iii. the applicant shall appear on each and every date fixed by the trial court;

(iv) shall not leave district without the leave of the trial court; and,

(v) shall appear on the first Sunday of every month at the Police Station concerned.

¶8In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 3.11.2023 Sachin Mishra High Court of Judicature at Allahabad