Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1566 of 2018 Applicant :- Satendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Pravin Kumar,Sanjive Kumar Gupta,Usha Srivastava,Vinod Kumar Srivastava Counsel for Opposite Party :- G.A.,Rajendra Kumar Dubey,Santosh Kumar Pandey
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Satendra in Case Crime No. 234 of 2017, u/s 147, 148, 149, 302, 323, 504, 506, 34 I.P.C. and 7 of Criminal Law Amendment Act, P.S. Nawabganj, District- Farrukhabad with the prayer to enlarge him on bail.
It has been contended by learned counsel for the applicant that admittedly as per prosecution case, six persons including applicant were involved in the present case. As per the F.I.R., role of causing injury has been assigned to co-accused Hari Nandan from whose possession, recovery of fire-arm weapon was made. So far as the applicant is concerned, though he is named in the F.I.R. but his gunshot did not hit the deceased. The co- accused Antram, Omveer and Dharmveer have already been granted bail by coordinate Benches of this Court vide orders dated 29.5.2018, 25.06.2018 & 01.08.2018 in Criminal Misc. Bail Application Nos.20252, 23161 & 28710 of 2018, respectively. The case of the applicant is distinguishable from that of co-accused Hari Nandan to whom role of causing injury to the deceased has been attributed which finds corroboration from post-mortem report. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 01.10.2017, deserves to be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Satendra be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 29.10.2018/ Vikas