Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38412 of 2018 Applicant :- Santosh Kumar Prajapati Opposite Party :- State Of U.P. Counsel for Applicant :- K.K.Rao Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri K. K. Rao, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Santosh Kumar Prajapati in Case Crime No. 263 of 2017, under Section 302 I.P.C., Police Station- Nautanwa, District- Maharajganj with the prayer to enlarge him on bail.
As per the prosecution case, the son of the informant went out of the house on 02.07.2017, on the following day his body was found on the railway track; F.I.R. was lodged belatedly on 31.07.2017; no explanation for delay has been furnished. He further submits that name of the applicant has been disclosed in the statement of Kamruddin and Jasamati Devi, which was belatedly recorded on 25.10.2017. He further submits that the chain of event does not link the applicant with the commission of the offence. It is lastly submitted that the applicant has no other reported criminal antecedent and he is languishing in jail since 3.11.2017. The applicant undertakes that if enlarged on bail, he will never misuse his liberty and will co-operate in the trial. He further submits that similarly placed co-accused- Shreeram Prajapati and Ramhit Rajbhar have been enlarged on bail by coordinate Benches of this Court vide orders dated 10.08.2018 & 08.10.2018 in Criminal Misc. Bail Application Nos.48004 of 2017 and 38242 of 2018, respectively. Therefore, the applicant is entitled to be enlarged on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Santosh Kumar Prajapati be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 27.10.2018/ Vikas