Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30440 of 2015 Applicant :- Satish Chandra Opposite Party :- State Of U.P.
Counsel for Applicant :- Akhilesh Srivastava,Praveen Kumar Giri Counsel for Opposite Party :- Govt. Advocate
Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.
It is contended by the learned counsel for the applicant that the applicant was not named in the First Information Report and after seven months of the alleged incident on the statement of the co-accused, the applicant has been falsely implicated. It is next contended that the applicant has criminal history of two cases and both the cases the applicant has been enlarged on bail as has been stated in paragraph-15 of the affidavit accompanying the bail application and he has been falsely implicated in the present case due to ulterior motive. It is next contended that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is next contended by the learned counsel for the applicant that the applicant is in jail since 21.03.2015 and in case he is enlarged on bail, he will not misuse the liberty of bail.
It is lastly contended that similarly situated co-accused Devendra has already been enlarged on bail by this Court vide order dated 16.2.2018 passed in Criminal Misc. Bail Application No. 38557 of 2015, photo copy of which order has been produced before this Court, which is being taken on record.
Learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant Satish Chandra involved in case crime No. 474 of 2014, under Sections 147, 148, 149, 302, 201/34 IPC and 3(2)5 SC/ST Act, police station- Khandauli, District-Agra be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned on the 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.
4. The applicant shall appear on 15th of every month before the police station concerned to show his good conduct and behaviour.
In case of default of any of the conditions enumerated above, the order granting bail shall automatically stand cancelled.
Order Date :- 26.4.2018 faraz