Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31463 of 2017 Applicant :- Sanjay Opposite Party :- State Of U.P.
Counsel for Applicant :- Santosh Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Vinod Kumar Misra,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
This is second bail application made on behalf of accused applicant, whose first bail application has been rejected on merit by brother Judge (Mohammad Tahir), vide order dated 29.11.2016. Learned counsel for the applicant submitted that after rejection of the first bail application, subsequent development which took place is that complainant and the eye- witnesses have not supported the prosecution version and have been declared hostile in the trial court. Statements of complainant and other 02 eye-witnesses have been filed with the bail application which indicate that complainant has not supported the prosecution version and has been declared hostile.
Learned A.G.A. opposed the bail.
Since complainant and all the 2 eye-witnesses have not supported the prosecution version, case for bail is made out.
Let applicant Sanjay involved in Case Crime No.1206 of 2014, under Sections 147, 148, 149, 302, 506 I.P.C., P.S. Lar, District Deoria, 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 with the following conditions :-
1. The applicant shall not tamper with the prosecution evidences.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial court.
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 default of any of the conditions enumerated above, the order granting bail shall automatically be cancelled.
Order Date :- 28.11.2017 m.a.