Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30594 of 2018 Applicant :- Santosh Opposite Party :- State of U.P.
Counsel for Applicant :- Manoj Singh Rathaur,A.K. Verma,Ajeet Kumar Singh,Kailash Nath Singh,Rajesh Kumar Dubey,Vinod Kumar Sharma Counsel for Opposite Party :- G.A.,Ravi Prakash Pandey
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Ajeet Kumar Singh learned counsel for the applicant; Sri Ravi Prakash Pandey, learned counsel for the complainant as well as Sri Vikas Goswami, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Santosh with a prayer to release him on bail in Complaint Case No. - 2159 of 2017, under Sections - 147, 302, 201 IPC, Police Station - Bansdeeh Road, District - Ballia, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of murder and other charges, punishable with imprisonment upto life which may extend to death;
(ii) against the complaint proceedings, the applicant is in jail since 4.5.2018;
(iii) the applicant has no criminal history;
(iv) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant, prior to the present complaint being filed, the complainant had lodged FIR wherein police submitted a final report. In such facts, reference has further been made to the postmortem report, wherein, after detailed reference to the antemortem injury, doctor has opined that the same was caused due to collision with a heavy object moving at speed. Then, it has been submitted that the body of the deceased having been recovered from the railway track, it is clear that it was a case of accidental occurrence wherein the applicant has been falsely implicated in the present case;
(v) in any case, no reasonable apprehension has been brought to the fore by the State and or the complainant that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on his furnishing a personal bond and two heavy 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 by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
7. It is made clear that, in the event of violation of any terms and conditions of the bail order or in the event of any attempt being made by the applicant to intimidate the witness or to tamper the evidence, informant shall be at liberty to file a bail cancellation application supported by the relevant material. That application if filed, may be taken up on priority.
Order Date :- 18.12.2019 Prakhar