Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15737 of 2018 Applicant :- Santosh Pathak Opposite Party :- State Of U.P.
Counsel for Applicant :- Abhishek Kumar Chaubey Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri R.D. Yadav, learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged against three accused persons, namely Santosh Pathak, Shivji Pathak and Deepak Pathak alleging that due to illicit relation between deceased and a girl; on 25.11.2017 they killed Shahanwaj @ Babu and dead body was thrown on the railway line.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. F.I.R. was lodged on the basis of suspicion. Deceased was died due to railway accident. There is no recovery from the possession of applicant. There is no eye witness against the applicant. There is no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 29.11.2017 (near about five months) having no 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 criminal history and injuries found on the body of deceased are crush in nature, it may be accidental.
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 the applicant Santosh Pathak involved in Case Crime No. 1361 of 2017, under Sections 302, 201, 352, 34 IPC, Police Station Jalalpur, 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 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 :- 27.4.2018//A. Singh