Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37985 of 2018 Applicant :- Satish Opposite Party :- State Of U.P. Counsel for Applicant :- Akash Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Akash Mishra, 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-Satish in S.T. No.317 of 2017 arising out of Case Crime No.478 of 2017, under Sections 302 and 201 I.P.C., Police Station Friends Colony, District- Etawah with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that as per FIR, the prosecution case is that on 6.8.2017 at 9.25 p.m. applicant (brother-in- law of the first informant), Girish Dewar of Sunita, sister of the first informant and Suneel (co-accused) had gone to the house of the first informant and from there all the three persons went away together saying that they were going to Moonjganj. These persons together murdered Girish and had thrown his body in the canal. It is also mentioned that the sister of the first informant was in love with her Dewar Girish and due to that the applicant and Girish were having inimical terms. It is pointed out that co-accused, Suneel has been granted bail by coordinate Bench of this Court in Criminal Misc. Bail Application No.6918 of 2018 vide order dated 7.03.2018. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 16.08.2017, having no criminal history to his credit, also deserves to be released on bail.
Per contra, learned AGA 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-Satish 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 :- 30.10.2018/MN/-