Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30234 of 2019 Applicant :- Santu Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Raksha Tiwari, Ravindra Kumar Patel Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Ram Raksha Tiwari, learned counsel for the applicant, Sri O.P. Mishra, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant- Santu Singh with a prayer to release him on bail in Criminal Case No. 93 of 2018 under Sections 367, 504 I.P.C., Police Station Mataundh, District Banda, during pendency of trial.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has drawn the attention of the Court towards the statement of the victim-Jagat Singh, wherein he has stated that the applicant along with three others had taken the the victim Jagat Singh from his field to the house of co- accused Bhim Singh who asked him to call his son Vijay Singh as he had abused him and beaten him, however, the victim assured to call him in the morning, however, they insisted to call him immediately but he refused then the applicant along with three others made him to sit in a Bolero vehicle and assaulted him with kicks and fists and butt of the gun and dropped him at Jakhira Railway Station. The victim suffered simple injuries as in the X-Ray report no abnormality has been detected. No specific role of assault has been assigned to the applicant. It is argued by the learned counsel for the applicant the co-accused- Bhim Singh, Devendra Singh and Dharmendra Singh have been granted bail by another Bench of this Court vide orders dated 11.07.2019, 10.01.2019 and 22.01.2019 passed in Criminal Misc. Bail Applications Nos. 27658 of 2019, 48761 of 2018 and 2928 of 2019, copies of which orders have been apppended as Annexure no. 11 of the affidavit accompanying the bail applicant and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is languishing in jail since 19.06.2019. The applicant does not have any previous criminal history. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 30.7.2019 Priya