Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9846 of 2016 Applicant :- Santosh Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Vijay Praksah,M.A. Haseen,Santosh Yadav,Vikas Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Bala Krishna Narayana,J.
Heard senior learned counsel for the applicant and learned AGA for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 1189 of 2015, under Section 302 IPC and 3(2(5) SC/ST Act, P.S.- Vijay Nagar, District- Ghaziabad, is seeking enlargement on bail during the trial.
It is submitted by the learned counsel for the applicant that initially FIR was lodged against six persons namely Santosh, Deepak, Sanjay, Rajeev, Naveen and Brijesh and during investigation Sanjay and Rajeev were exonerated. The applicant was nominated in the FIR as an accused by the informant on the basis of the information tendered by one Ganga. It is next submitted that the statement of Ganga has not been recorded till date. No incriminating material has been recovered either from the possession of the applicant or on his pointing out. There is neither any direct nor circumstantial evidence on record indicating at the applicant's complicity and his role is clearly distinguishable from that of co-accused Deepak on whose pointing out the dead body of the deceased and the crime weapons were recovered. He lastly submitted that the applicant who has no criminal antecedents to his credit and is in jail since 12.10.2015, is entitled to be enlarged on bail.
The prayer for bail has been vehemently opposed by learned AGA.
Keeping in view the submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Santosh Yadav 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 in Case Crime No. 1189 of 2015, under Section 302 IPC and 3(2(5) SC/ST Act, P.S.- Vijay Nagar, District- Ghaziabad, subject to the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(b) 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.
Order Date :- 27.4.2018/SA