Research › Search › Judgment

Allahabad High Court · body

2020 DIGILAW 33 (ALL)

Nakliram v. State of U. P.

2020-01-06

AJIT SINGH

body2020
JUDGMENT : 1. List has been revised. None is present on behalf of informant to press this application, though learned counsel for the applicant and learned A.G.A. are present. 2. Counter affidavit filed on behalf of State in the Court today is taken on record. 3. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record. 4. By means of this application, the applicant who is involved in Case Crime No. 105 of 2019, under Sections 147, 148, 149, 307, 302, 504 and 506 I.P.C., P.S. Gagalhedi, district-Saharanpur, is seeking enlargement on bail during the trial. 5. The first information report was lodged by the informant Ankur Verma against seven persons including applicant, alleging therein that on 30.3.2019 at about 8:00 a.m. when he along with his father Rajpal, uncle Om Prakash, Ompal, Satyapal, Raj Singh and Sanjay were cutting sugarcane then the present accused along with his son Sanjay Magan, grandson Lomesh, Ayush and their friends Sitab and Jasbir with whom the complainant side is having litigation came at the place of occurrence. Lomesh, Ayush and Jasbir had assaulted Ompal, Omprakash and Satyapal, uncles of the complainant with balkati with the intention to kill them. Other co-accused accused Sanjay, Magan and present accused Sitab had assaulted them with lathi-danda and saria, causing serious injuries to them and uncles of complainant Ompal and Om Prakash succumbed to their injuries. 6. Learned counsel for the applicant submitted that the applicant is aged about 70 years and he has been suffering from age related ailments. He next submitted that there is also a cross version of the incident. Two persons died from the side of the prosecution, while present accused Nakliram and other co-accused Sanjay received injuries from the side of the defense, which the prosecution has not been able to explain. Both the injured were taken to the hospital for treatment and they were hospitalized there for 17 days. Copy of their injury reports as well as other relevant papers has been annexed as Annexure-17 to the affidavit accompanying the bail application. It appears that the prosecution has not approached the Court with clean hands and the true genesis of the incident has been suppressed. Copy of their injury reports as well as other relevant papers has been annexed as Annexure-17 to the affidavit accompanying the bail application. It appears that the prosecution has not approached the Court with clean hands and the true genesis of the incident has been suppressed. He lastly submitted that the applicant, who is in jail since 1.4.2019 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial. 7. The prayer for bail has been vehemently opposed by learned A.G.A. However, it has not been disputed that defence has also registered a cross case against the prosecution side. 8. Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial. 9. Let the applicant, Nakliram be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:- (a) The applicant shall attend the court according to the conditions of the bond executed by him. (b) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence. 10. It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted. 11. In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.