Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34015 of 2019 Applicant :- Santlal Bind And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Vivek Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicants, Smt. Ladlee Pandey, learned A.G.A. for the State and perused the record.
It is submitted by learned counsel for the applicants that F.I.R. was lodged against six accused person including the applicants. After investigation by Investigating Officer, final report/closer report was submitted against them. Later on, protest petition was filed and vide order dated 21.7.2018 accused Arvind Kumar, Shashi Kumar, Nilesh Kumar, Santlal, Vanshu Bind and Kumari Lusha were summoned for the offence under Sections 302, 120-B, 201 IPC. The applicants are innocent and have been falsely implicated in the present case. There is general allegation against the applicants. There is no independent witness and no legal evidence against the applicants. Applicants were summoned without giving opportunity of hearing as well as cross-examination of witnesses. Offences levelled against the applicants are not attracted in the present case. They are languishing in jail since 1.6.2019 (more than two and half months) having no criminal history and in case they are released on bail, they 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 applicants and admitted that applicants have no criminal history.
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 applicants Santlal Bind and Bashu Bind involved in Complaint Case No. 884 of 2019 as well as Case Crime No.
146 of 2015, under Sections 302, 201, 120-B IPC, Police Station Sarpatahan, District Jaunpur 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 applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants 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 applicants 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 court below shall be at liberty to cancel the bail.
Order Date :- 22.8.2019 A. Singh