Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40718 of 2018 Applicant :- Santosh Diwakar Opposite Party :- State Of U.P.
Counsel for Applicant :- Mahesh Chandra Tiwari,Kiran Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
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 some unknown persons snatched Rs. 20,000/- and ornaments from the complainant. Later on, accused Dinesh Chandra Goswami was arrested by the police and recovered 3100/-; accused Tinku @ Jay Goswami was arrested by the police and recovered 3000/-; accused Gopal Goswami was arrested by the police and recovered 2700/- and accused Santosh Diwakar was arrested by the police and recovered 3200/-.
It is submitted by learned counsel for the applicant that co- accused namely Dinesh Chandra Goswami has already been granted bail by co-ordinate Bench of this Court vide order dated 4.7.2018 in Criminal Misc. Bail Application No. 24563 of 2018, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. 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. With regard to person and property, identification parade has not been conducted. Recovery of Rs. 32,00/- shown by police is of applicant's own money. Applicant was not named in the F.I.R. There is no independent witness against the applicant. He is languishing in jail since 23.4.2018 (more than six months) having no previous 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 previous criminal history and the case of present applicant is identical to co-accused Dinesh Chandra Goswami 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 Santosh Diwakar involved in Case Crime No. 60 of 2018, under Sections 395, 412 IPC, Police Station Chhatta, District Agra 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 :- 26.10.2018 A. Singh