Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7803 of 2018 Applicant :- Satti@Stya Prakash And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Adarsh Kumar,Viveka Nand Rai Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri V.N.Rai, learned counsel for the applicants and Sri R.S.Parihar, learned A.G.A. appearing for the State.
Learned counsel for the applicant in support of his prayer for bail submits that the applicants are innocent and they have been falsely implicated in the present case due to ulterior motive and they have committed no offence.It is next contended that the report was lodged against co-accused Motilal and unknown person and applicants are not named in the FIR. False recovery has been shown against the applicants and nothing has been recovered from the possession of the applicants..Several other submissions in order to demonstrate the falsity of the allegations made against the applicants have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicants that they are ready to cooperate with the process of law and shall faithfully make themselves available before the court whenever required. It has also been submitted that the applicants are languishing in jail since 18.11.2017. The applicants have no other reported criminal antecedent.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment the applicants are entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicants namely Satti@Stya Prakash and Tandu @ Tapendra involved in Case Crime No.267 of 2017, under Sections 392, 411, I.P.C., Police Station Iradat Nagar, District Agra be released on bail on their furnishing a personal bond of Rs. 1.00 lac with two sureties each(One should be of their family member) in the like amount to the satisfaction of the court concerned with the following conditions.
1. The applicants will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. They will not tamper with the witnesses.
3. They will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 27.2.2018 IA