Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11127 of 2018 Applicant :- Santosh Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Arshi Rani Qadeer,Iqbal Ahmed Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Iqbal Ahmad, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
Learned counsel for the applicant in support of his prayer for bail submits that he has not committed any offence and has been falsely implicated in the present case due to ulterior motive.It is next contended that nothing has been recovered from the possession of the applicant and there is no public witness of the alleged recovery. It is also submitted that the complainant was demanding gratification which was not fulfilled by the owner of the truck, hence the applicant has been roped in the present case. It is further contended that the applicant is driver of Truck No. UP 32 JN 5056.and one Smt.Rewa Khatoon is the owner of the vehicle.In this regard necessary documents pertaining to the truck in question have been annexed as annexure no.2 to the bail application.The applicant was apprehended while transporting the sand/morang illegally and he was charge sheeted under sections 379, 411, 420, 467, 468, 471 IPC and & Section 4/21 Minerals(Development & Regulation) Act. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 31.1.2018. The applicant carries no previous criminal history.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and the applicant is entitled to be released on bail in this case. However the owner of the truck seems to be responsible for the act committed by the applicant for which this Court imposes fine of R.25,000/- to be deposited with the court concerned before the release of the applicant.
Without expressing any opinion on the merits of the case let the applicant Santosh Kumar involved in Case Crime No.35 of 2018, under sections 379, 411, 420, 467, 468, 471, I.P.C, & 4/21 Mines & Minerals(Development & Regulation) Act,,Police Station Kabarai, District Mahoba be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
It is made clear that the court below shall not be influenced by by any of the observations made by this Court and shall act on the merits of the case.
Order Date :- 28.3.2018 IA