Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20777 of 2018 Applicant :- Sati Ram Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajeev Goswami Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by Sri Rajeev Lochan Shukla, Advocate on behalf of complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for complainant, learned A.G.A. for the State and perused the record.
According to the prosecution case the F.I.R. was lodged against Satiram, Pradeep, Dharamveer and two unknown persons, alleging that on 13.1.2018 at about 5 p.m. they shot fire at Sarman Singh. He received one gun shot injury, resultantly died. Subsequently, it was found that Dharamveer and Satiram were catching hold the deceased and Pradeep shot fire are deceased; the statement of complainant the name of two accused persons namely Ashok and Manoj were also disclosed and stated that Ashok shot fire at Sarman Singh.
Learned counsel for the applicant submitted that co- accused namely Manoj has already been granted bail by this Court vide order dated 14.5.2018 in Criminal Misc. Bail Application No. 17697 of 2018, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant has been falsely implicated in the present case; there is no independent witness against the applicant; specific role of firing has been assigned to co-accused Pradeep and Ashok; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 20.1.2018 (more than four months) having no previous criminal history.
Learned counsel for the complainant vehemently opposed the bail application and submitted that there is specific allegations about hatching conspiracy.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no previous criminal history against this accused.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence the bail application is hereby allowed.
Let the applicant Sati Ram involved in the Case Crime No.20 of 2018, under Sections 147, 148, 149, 302, 120-B I.P.C., P.S. Chhata, District Mathura, be released on bail on his executing a personal bond and furnishing 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.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 31.5.2018 A. Singh