Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34112 of 2021 Applicant :- Santosh Kumar @ Butan Opposite Party :- State of U.P.
Counsel for Applicant :- Chandra Prakash Misra,Sushil Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to prosecution version, the FIR was lodged by first informant Balwant Pandey @ Guddu Pandey alleging that on 05.06.2021 at 9.04 PM, he has given information to police that his niece Divya Dubey has committed suicide but later on he came to know that she was murdered by her brother Akash Dubey with the help of other persons. It was alleged that co- accused Akash Dubey wanted to sell the land, which was in the name of deceased Divya Dubey.
It has been argued by learned counsel for the applicant that the applicant is innocent and he has not committed any offence. The applicant is not named in FIR, which was lodged against co-accused Akash Dubey and unknown persons alleging that Akash Dubey has committed murder of his sister. Learned counsel has submitted that involvement of the applicant has been shown merely on the basis of statements of co-accused Akash Dubey. There is no eye witness of alleged incident and that no incriminating article or weapon has been recovered from his possession. It has been submitted that even as per the statement of co-accused Akash Dubey, the role of applicant was shown only in conspiracy to commit murder of deceased and that the murder of deceased was committed by Sanjay Nishad along with his friend. Learned counsel has submitted that applicant has no motive at all to commit murder of deceased and that there is no cogent evidence against him. It has been submitted that the applicant is languishing in jail since 16.07.2021 having no criminal history and that in case, the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on 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 Santosh Kumar @ Butan involved in Case Crime No.304 of 2021, under Sections 302, 34, 120-B IPC, P.S. Khorabar, District Gorakhpur, be released on bail on furnishing each 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 shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall 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 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 26.10.2021 Neeraj