Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49486 of 2018 Applicant :- Satish @ Jendna @ Gendna Opposite Party :- State Of U.P.
Counsel for Applicant :- Amrit Shanker Dubey Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Satish @ Jendna @ Gendna seeking bail in Case Crime No. 01015 of 2014, under Sections 364-A,323,394 IPC, P.S.South, District Firozabad.
Learned counsel for the applicant has submitted that during course of trial statement of one Satya Prakash @ Rajeev has been recorded, which suggests that it was not a case of abduction for ransom but there had been a collision of Canter No. HR-39/7546 with a motorcycle and thereafter some altercation and marpeet took place and the accused thereafter had taken away the driver of the vehicle (Canter) who was later, recovered. Learned counsel for the applicant has next submitted that similarly placed co accused, Veer Pal @ Veeru @ Rajesh has already been granted bail by this Court in Criminal Misc. Bail Application No. 48197 of 2017 vide order dated 16.2.2018.
It is lastly submitted that the applicant is in jail since 2.1.2015 and in case the applicant is released on bail he will not misuse the liberty of bail and will cooperate in trial..
Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Satish @ Jendna @ Gendna be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable heavy sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
The trial court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible preferably with a period of six months form the date of receipt of certified copy of this order, keeping in view of the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India and another, report in AIR 2018 (SC) 2004, if there is no other legal impediment.
Order Date :- 21.12.2018 R