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Nanhey Pal @ Nanhey v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 2904 of 2005 [2006] RD-AH 1260 (18 January 2006)


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Court No. 19

Crl. Misc. Bail Application No.  2904 of 2005

Nanhey Pal @ Nanhey .....Vs.....State of U.P.


Hon'ble Alok Kumar Singh, J.

Counter affidavit has been filed today. Let it be taken on record.

Heard learned counsel for the applicant and also the learned A.G.A.

The applicant is involved in case crime No. 45 of 2003, for the offences under Sections 304,452 IPC, Police Station Kalan District Shahjahanpur.

It is alleged that on 15.3.2003 at about 3.00 a.m. accused Nanhey pal along with his one companion ( subsequently this name appeared Anik Pal) entered into the house of the complainant and started dragging away Smt. Maharani  the daughter of complainant. She raised  alarm whereupon complainant son  Ajay Pal (deceased) came and   inflected a lathi blow  upon the accused. Then other accused fired at the right arm of the complainant son who succumbed  to his injury while going to the hospital. In the post mortem  one fire arm wound  of entry was found in the right  arm which was found to be the cause of death.  

In respect of genuineness of the prosecution case and the proposed evidence as also  the involvement  of the accused it was emphasized  that had complainant seen the alleged occurrence  in the alleged manner, he would have certainly named the accused specifically  who fired  at his son but in the F.I.R. he has simply mentioned  that  the other accused had fired at his son. It was also pointed out that there is delay in lodging of the F.I.R. The attention of the Court  was drawn  towards  para 9 of the affidavit  also which has not  been specifically controvertered that the complainant filed  an affidavit subsequently before the S.P. Shahjahanpur  and added  four new names  Jasveer, Ranveer, Jagveer and Awadhesh Yadav. Further travelling beyond  the F.I.R., the complainant  also added in this affidavit  that his daughter  was also raped  by Jasveer and when complainant  son gave a lathi blow  to one of the accused namely Jasveer then accused  Ramveer fired at him causing an injury  at right arm which  resulted in his death. It was pointed out that applicant  Nanhey Pal has not been specifically assigned  the role of firing. The sole fire arm injury  is also not on the vital part  of the deceased and hence  it cannot be  said to be sufficient to make out an offences under Section 302 I.P.C.

The bail was, however, opposed by the learned A.G.A.

The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering with the witnesses, prima facie satisfaction of the Court  regarding  proposed evidence and genuineness of the prosecution  case were duly considered.

 In view of the entire facts and circumstances of the case, taking into  consideration some of the arguments advanced on behalf of the applicant in respect of the points discussed herein above, significantly it being an incident  of night  and absence of assignment  of specific  role of making single shot  by  the applicant, without prejudice to the merits of the case, I find it to be a fit case for granting bail. Let the applicant be enlarged on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the concerned Court.  




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