Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54442 of 2021 Applicant :- Satendu Kumar @ Sukesh Opposite Party :- State of U.P.
Counsel for Applicant :- Tej Om Prakash Gupta Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Tej Om Prakash Gupta, learned counsel for the applicant and Sri Ankit Srivastava, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Satendu Kumar @ Sukesh with a prayer to release him on bail in Case Crime No. - 132 of 2021, under Sections - 326A, 195, 195A/34 IPC, Police Station - Tundala, District - Firozabad, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) against the FIR lodged on 17.3.2021, the appellant is in confinement since 15.8.2021;
(ii) the applicant claims to have cooperated in the investigation;
(iii) the applicant has no criminal history;
(iv) though status of the charge-sheet is not known yet at present no justifiable cause has been shown to continue the detention of the applicant for an indefinite period;
(v) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant, the informant in the incident is sister-in-law (bhabhi) of the applicant, has lodged the FIR making specific allegation against the four named persons. There is no doubt as to the injury caused. The police has completely disbelieved the evidence of the applicant. The informant has falsely implicated the applicant along with his brother as the accused person.
(vi) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness.
4. In view of the above, without expressing any opinion on the final 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:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 22.12.2021 Prakhar