Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7481 of 2018 Applicant :- Satendra Kumar Alias Lalla Opposite Party :- State Of U.P.
Counsel for Applicant :- Pankaj Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri P.K.Mishra, learned counsel for the applicant and Sri R.S.Parihar, learned A.G.A. appearing for the State.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case due to old enmity and he has committed no offence. The FIR has been lodged after three days of the alleged occurrence for which no plausible explanation has been given. Further, nothing has been recovered from the possession of the applicant and false recovery has been shown against him. There is no independent witness of the recovery. It is pointed out that the applicant has criminal history of three cases, but he is on bail in all these cases by the competent court. This fact is mentioned in paragraphs 16 to 19 of the bail application, which has been properly explained. There are general allegation against the applicant and no specific role has been assigned to him. It is also contented that co-accused Anjan has already been enlarged on bail by this Court on 6.2.2018, copy of which has been produced by the applicant's counsel, which is taken on record. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 25.10.2017.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Satendra Kumar Alias Lalla involved in Case Crime No.455 of 2017, under Sections 395, 332, 353, 323, 504, 412,34 I.P.C., Police Station Phaphund, District Auraiya be released on bail on his furnishing a personal bond of Rs.2.00 lacs with two sureties each(one should be of his family member) in the like amount to the satisfaction of the court concerned with the following conditions.
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail Order Date :- 26.2.2018 IA