Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14978 of 2018 Applicant :- Santosh Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Jayant Kumar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to the prosecution case the F.I.R. was lodged on 28.08.2016 against three accused, namely, Sushil Singh, Santosh Singh, Dinesh Singh alleging that on 22.06.2016 at 01:00 p.m. they killed Jogendra Pratap Singh by using chemical poison, subsequently, he died.
Learned counsel for the applicant submitted that co-accused namely Dinesh Singh had been granted bail by this Court vide order dated 3.4.2018 in Criminal Misc. Bail Application No. 12110 of 2018, since the role of the applicant is not distinguishable with the role of co- accused, therefore, the applicant is also entitled for bail. The applicant has been falsely implicated in the present case due to previous enmity; F.I.R. was lodged after more than two months; there is no legal evidence against this accused; deceased was habitual drunkard; general role has been assigned against all the accused persons; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 31.01.2018 (more than two and half months) having no criminal history.
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 the case of present applicant is identical to co-accused Dinesh Singh who has been enlarged on bail.
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 Singh involved in the Case Crime No. 0447 of 2016, under Sections 302 I.P.C., P.S. Bidhanu, District Kanpur Nagar be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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 :- 24.4.2018//A. Singh