Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40432 of 2021 Applicant :- Satpal Opposite Party :- State of U.P.
Counsel for Applicant :- Lalit Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
Accused-applicant, involved in Case Crime No. 432 of 2021, under Sections 147, 323 & 304 IPC, Police Station Jagdishpura, District Agra, applied for bail.
Learned counsel for the applicant submits in the following manner :-
(i) Applicant is innocent and has been falsely implicated in the present case. He has committed no offence. Entire prosecution story is false and fake.
(ii) Applicant is named in the FIR on the information given by witness but he has no concern with the present crime. Nothing has been recovered from the possession of applicant. General role has been assigned against the applicant. It is not clear that who is author of the said injury. There is no independent witness. Informant is not an eye witness. There is no evidence against the applicant.
(iii) Statement recorded under Sections 161 Cr.P.C., Monu stated that if the accused persons appear he will recognize them. Applicant is not subjected to identification by witness by Investigating Officer.
(iv) Applicant is in jail since 15.07.2021 without any credible evidence and having no criminal history.
(v) There is no possibility of the applicants fleeing away from the judicial process or tampering with the witnesses. In case, the applicants are enlarged on bail, they shall not misuse the liberty of bail and they will continue present before the Court till disposal of the trial. Due to heavy pendency of cases in the Court, there is no possibility of early conclusion of the trial.
Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction, evidence collected by I.O. during investigation, and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed.
Let applicant Satpal be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities or case.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 24.12.2021 I.A.Siddiqui