Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13195 of 2016 Applicant :- Santosh Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Maqsood Ahmad Beg,Jitendra Singh,Naiyar Masroof Siddiqui,Narendra Kumar Singh,Sharad Chandra Srivastava,Shashank Singh,Vishesh Kumar Counsel for Opposite Party :- G.A.,Santosh Kumar Mishra,Sudhir Kr.Chandraul
Hon'ble Vipin Sinha,J.
Heard Sri Vishesh Kumar, Advocate and Sri Jitendra Singh, learned counsel for the applicant and learned A. G. A. for the State.
Applicant has moved the present bail application seeking bail in Case Crime No. 108 of 2018, under Section 302/34 I.P.C., P.S. Khakhreru, District Fatehpur.
I have perused the prosecution story as set up in the F.I.R. and also the bail rejection order.
The contention as raised at the bar by learned counsel for the applicant is that the applicant is not named in the First Information Report. He has been falsely implicated in the present case. On the basis of Tehrir given by the father of the deceased on 20.07.2015, the applicant has been implicated in the present case solely on the ground of suspicion that the deceased have the illicit relationship with the wife of the present applicant. It is further contended that the accused applicant is in jail since 15.11.2015 and in case he is released on bail, he will not misuse the said liberty. There is no likelihood with the trial to be concluded at an early date. It has lastly been contended that co accused namely Bablu Alias Bablu Singh has already been released on bail vide order dated 20.09.2017, passed by this Court in Criminal Misc. Bail Application No. 13194 of 2016.
The bail application has been vehemently opposed by learned A. G. A.
Without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The application is allowed.
Let the applicant Santosh Singh involved in the aforesaid case crime number 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 default of any of the conditions enumerated above, the learned counsel for the complainant is free to move an application for cancellation of bail before this Court.
Order Date :- 20.9.2018/sailesh