Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12792 of 2016 Applicant :- Satish Opposite Party :- State Of U.P.
Counsel for Applicant :- Yogesh Kumar Srivastava,Noor Muhammad Counsel for Opposite Party :- G.A.
Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant and learned A. G. A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 106 of 2010, under Section-304 IPC, P. S.-Linepar, district-Firozabad and is in jail since 12.9.2012, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the F. I. R. of the incident, which had taken place at night, in which one Mahesh Chandra had died as a result of the head injury received by him from lathi and danda, was lodged against the two persons including the applicant and Smt. Guddi. He has next submitted that the trial of Guddi was separated from that of the applicant and she was convicted under Section-304 IPC and sentenced to ten years' R. I. However the appeal preferred by her against the conviction being Jail Appeal No. 5054 of 2012 was allowed by this Court vide order dated 12.2.2016 and this Court while allowing the appeal held that the solitary eye-witness produced by the prosecution during trial, was not wholly reliable. He next submitted that even if the entire allegations made in the F. I. R. are accepted to be true, the offence, if any, disclosed against the applicant, does not travel beyond Section 304 Part II and since the applicant who has no criminal antecedents to his credit and is in jail for the last more than five and half years and has virtually served more than half of the minimum sentence prescribed under Section-304 Part II I. P. C., is entitled to be released on bail.
The prayer for bail has vehemently been opposed by learned A. G. A. However, the aforesaid factual aspect of the matter has not been disputed by him.
Considering the submissions made by learned counsel for the parties, this Court is of the view that the applicant has made out a case for grant of bail.
In view of the above, let the applicant, Satish 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 in Case Crime No. 106 of 2010, under Section-304 IPC, P. S.-Linepar, district-Firozabad with the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him;
(b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 29.3.2018 HR