Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33135 of 2021 Applicant :- Santosh Opposite Party :- State of U.P.
Counsel for Applicant :- Rajeev Kumar Singh Counsel for Opposite Party :- G.A.,Sweety Srivastava
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Santosh, in Case Crime No. 130 of 2021, under Sections 147, 148, 149, 323, 304 IPC, Police Station-Pipraich, District-Gorakhpur.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 27.05.2021; he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail; general allegation of assault resulting death of deceased and injury to injured is there; no specific accusation for applicant is there; quarrel occurred in between, both sides sustained injuries; cross version is there; which side was aggressor is a question of fact to be seen by the trial court; co-accused Narayan and 02 others in Crl. Misc. Bail Application no. 33398 of 2021 and Badami Devi in Crl. Misc. Bail Application no. 28760 of 2021, have been granted bail by the co-ordinate Bench of this Court. Hence, bail has been prayed for.
Learned AGA and counsel for the informant has vehemently opposed with this contention that recovery of Danda, weapon of offence is upon pointing of applicant.
Having heard and gone through materials placed on record, considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant, Santosh, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 17.12.2021 Dhirendra/