Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19600 of 2016 Applicant :- Pappu Alias Santosh Soni Opposite Party :- State Of U.P. Counsel for Applicant :- Yogesh Kumar Srivastava,Mahesh Kumar Kuntal,Noor Muhammad Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Counter affidavit filed today by learned A.G.A. is taken on record.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged against unknown persons alleging that on 31.1.2014, Mayarani (wife of complainant) found dead in her house, some household articles and other materials were looted. Subsequently, after eight moths of incident, information given by the informant (mukhbeer), accused Pappu @ Santosh and Mukesh were involved in this crime.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to false criminal history. Offences levelled against the applicant are not attracted in the present case. There is no independent witness against the applicant. There is no legal evidence against the applicant except information given by the informer (mukhbeer). Applicant was not named in the F.I.R. The story narrated by the complainant appears to be false fabricate and unnatural. There is no possibility to get this case decided in short period in future. He is languishing in jail since 20.8.2014 (more than four years and three month) criminal history of 11 cases has been properly explained 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 criminal history has been explained.
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 Pappu Alias Santosh Soni involved in Case Crime No. 12 of 2014, under Section 460 IPC, Police Station Poonchh, District Jhansi 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 :- 30.11.2018 A. Singh