Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32084 of 2018 Applicant :- Sailendra @ Gumriha Opposite Party :- State Of U.P.
Counsel for Applicant :- Purushottam Dixit Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The argument is that the unnamed accused Devendra Singh from whom recovery of one Goat was made, has been enlarged on bail by this Court vide order dated 9.8.2018 in Criminal Misc. Bail Application No.30040 of 2018. The applicant is named in the first information report, but no recovery has been made from him.
Learned A.G.A. has pointed out that this bail application is not maintainable since the applicant has been implicated under Section 3(2)5, SC/ST Act earlier.
The argument of the learned counsel for the applicant is that the bail application of the applicant has been rejected by the Special Judge (Dacoity Affected Area), Etawah and not by the court notified under the SC/ST Act as the competent Special Court, therefore, the bail application of the applicant is maintainable.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Sailendra @ Gumriha involved in Case Crime No. 13 of 2018, under Sections 395, 412, 323, 504, 506, 342, I.P.C. and Section 3(2)5 SC/ST Act, Police Station Saifai, District Etawah be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
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 they are accused, or suspected of the commission of which they are 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 them 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 complainant is free to move an application for cancellation of bail before this court.
Order Date :- 23.8.2018 T. Sinha