Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40689 of 2018 Applicant :- Santosh Opposite Party :- State Of U.P.
Counsel for Applicant :- Narayan Singh(Kushwaha) Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard Sri Narayan Singh(Kushwaha), learned counsel for the applicant, Sri Mayank Mishra, brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged against two unknown persons alleging that on 13.3.2018, Rs. 1,45,000/- snatched by some unknown persons from the complainant. During Investigation, accused Pushpendra was arrested by the police and recovered Rs. 45,000/-; accused Santosh was arrested by the police and recovered Rs. 62,000/- accused Akash was arrested by the police and recovered Rs. 42,000/- and accused Guddu @ Gull was arrested by the police and recovered 51,000/-.
It is submitted by learned counsel for the applicant that co- accused namely Akash and Pushpendra have already been granted bail by this Court vide order dated 28.9.2018 and 4.10.2018 in Criminal Misc. Bail Application Nos. 37106 of 2018 and 37925 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 is innocent and has been falsely implicated in the present case. Offences levelled against the applicant are not attracted in the present case. Recovery of Rs. 62,000/- shown by police is of applicant's own money. There is no independent witness against the applicant. He is languishing in jail since 20.7.2018 (more than three months) criminal history of 12 cases has been properly explained and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
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 criminal history has been explained and the case of present applicant is identical to co-accused Akash and Pushpendra 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 applicant Santosh involved in Case Crime No. 285 of 2018, under Sections 392, 411 IPC, Police Station Kotwali Nagar, District Etah be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall appear before the Chief Judicial Magistrate concerned on any day in the first week of every month.
2. The applicant will not tamper with the evidence during the trial.
3. The applicant will not pressurize/ intimidate the prosecution witness.
4. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
5. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
6. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him 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 :- 26.10.2018 A. Singh