Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7731 of 2019 Applicant :- Chandela @ Satya Prakash Opposite Party :- State Of U.P.
Counsel for Applicant :- Ramanuj Yadav Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri Mayank Mishra, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 7.11.2016 (after 20 days of incident) against three accused persons, namely Chandela, Prembabu, Maiyadeen and unknown persons alleging that on 17.10.2016 they killed Shivprasad by drowning.
It is submitted by learned counsel for the applicant that co- accused namely Prembabu @ Prem Chandra has been granted bail by co-ordinate Bench of this Court vide order dated 22.1.2019 in Criminal Misc. Bail Application No. 2864 of 2019, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. After thought, the false story was developed and F.I.R. was lodged with legal consultation due to previous enmity. F.I.R. was lodged after 20 days of incident without explaining any delay. There is no independent witness and no legal evidence against the applicant. The applicant is innocent and has been falsely implicated in the present case. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 17.11.2018 (more than three months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history and the case of present applicant is identical to co- accused Prembabu @ Prem Chandra who has been enlarged on bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant Chandela @ Satya Prakash involved in Case Crime No. 991 of 2016, under Sections 302, 201 IPC, Police Station Karvi, District Chitrakoot be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 25.2.2019 A. Singh