Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5758 of 2019 Applicant :- Satendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Mishra,Rahul Mishra Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Supplementary affidavit filed by learned counsel for applicant filing certified copy of complete order sheet of sessions trial, is taken on record.
This is 3rd bail application, after rejection of first and second bail applications on merits vide orders dated 29.8.2017 and 7.9.2018, respectively.
Heard Sri Rahul Mishra, learned counsel for applicant, learned A.G.A. and perused the record.
Learned counsel for applicant contended that applicant has been falsely implicated; that trial is not proceeded in accordance with law and despite lapse of long time, the prosecution evidence has not concluded as yet; that evidence of all the prosecution witnesses of fact has been recorded except the scribe of F.I.R. and formal witnesses Doctor, Investigating Officer etc.; that the injured Pankaj in his statement on oath as P.W.2 has stated in his examination-in-chief that all the three accused-persons fired at him, which hit him on chest and head, while applicant was having pistol, Ram Autar was armed with gun and Kanhayi with Adhiya Banduk; that applicant may not be considered to be the author of gun shot injury sustained by injured Pankaj; that co-accused Ram Autar has been granted bail by another Bench of this Court vide order dated 27.10.2016 passed in Criminal Misc. Bail Application No. 37022 of 2016, copy of which has been produced for perusal and taken on record; that applicant has no criminal history; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 1.8.2016 i.e. for last more than three years and his newly wedded wife is also facing hardship.
Learned A.G.A. vehemently opposed the prayer of bail.
Upon hearing learned counsel and perusal of record and considering complicity of accused, severity of punishment, period of custody, grant of bail to co-accused as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let applicant Satendra be released on bail in Case Crime No.252 of 2016, under Sections 307, 504, 506 I.P.C., P.S. Kamalganj, District Farrukhabad on furnishing a personal bond and two heavy sureties each in the like amount to satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 27.9.2019 Tamang