Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42304 of 2018 Applicant :- Santosh Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Vinod Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta, J.
Supplementary affidavit, filed by learned counsel for the applicant today in the Court, is taken on record.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Santosh Singh seeking bail in Case Crime No. 54 of 2018, under Sections 60, 63 of U.P. Excise Act and Section 419, 420, 467, 468, 471, 272, 273 IPC, Police Station Bairiya, District Ballia.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has next submitted that the applicant has not been arrested from the spot and no recovery whatsoever has been made from his possession or on his pointing out.
Learned counsel for the applicant has next submitted that similarly placed co-accused Anil Gupta has already been granted bail by this Court in Criminal Misc. Bail Application No. 37701 of 2018 vide order dated 03.10.2018.
Learned counsel for the applicant has further submitted that the criminal history of the applicant has been explained in paragraph nos. 3, 4, 5 and 6 of the supplementary affidavit and he is in jail since 27.08.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts and that the similarly placed co-accused Anil Gupta has already been granted bail by this Court and that the applicant has no criminal history to his credit and he is in jail since 27.08.2018.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Santosh Singh 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 the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 27.11.2018 Nadim