Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13839 of 2018 Applicant :- Satveer Opposite Party :- State Of U.P.
Counsel for Applicant :- Indra Dev,Inder Pal Singh Tomar,Sanjay Kumar Dubey Counsel for Opposite Party :- G.A.,Akhilesh Srivastava,Saksham
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by Sri Akhilesh Srivastava and Saksham Srivastava, Advocates on behalf of the complainant is also taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant and learned learned State Law Officer and perused the record.
According to prosecution case, the first information report was lodged on 31st May, 2017 at 21.45 hours by Sanjay Tyagi brother of the deceased Deepak against four accused persons, namely, Satveer, Hariya, Kunwar Pal and Bhojveer; alleging that on 29th May, 2017 at about 02:00 p.m., they came to his house and brought my brother Deepak accompanied them by Safari Car and at 07:30 p.m. they returned and after throwing my brother from car, they fled away. Thereafter the uncle of the deceased came and stated that when he was coming from jungle he saw that they were beating the deceased, when he asked they fled away by car. The deceased received several injuries resultantly died in hospital.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. No specific role has assigned against the applicant except conspiracy with the co-accused. There is general allegation against the applicant. Offences levelled against the applicant are not attracted in the present case. There is no independent witness against the applicant. The applicant is a disabled person and his disability is 60% as per the medical report. He cannot move easily any where without stick.
It is further stated that the two co-accused, namely, Kunwarpal and Hariya @ Harichand have already been granted bil by this Bench vide orders dated 16th April, 2018 in Criminal Misc. Bail Application No. 31885 2017 and Criminal Misc. Bail Application No. 697 of 2018 respectively and the case of the applicant stands of identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant languishing in jail since 8th September, 2017 (more than eight months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned counsel for the complainant as well as learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that the applicant has no criminal history.
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 Satveer involved in Case Crime No. 145 of 2017, under Section 304 of the Indian Penal Code, Police Station Shyana, District Bulandshahr, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
(Aniruddha Singh, J.) Order Date :- 24.4.2018 Sushil/-