Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33679 of 2018 Applicant :- Satya Narayana Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Sengar,Gaytri Rajput,Indra Pal Singh Rajpoot,Vimlendu Tripathi Counsel for Opposite Party :- G.A.,Vijay Singh Sengar
Hon'ble Ajit Singh,J.
Two rejoinder affidavits and supplementary affidavit filed today, which are taken on record. Heard learned counsel for the applicant and learned A.G.A. for the State.
This is a bail application on behalf of the applicant in connection with Case Crime No. 267 of 2018, under Sections 307, 325, 504, 506 IPC, P.S. Kotwali Orai, District Jalaun.
The contention of the learned counsel for the applicant is that he has been falsely implicated in the present case. He further submitted that the the alleged incident has taken place on 16.3.2018 at about 8:30 in the night and the patient has admitted to the hospital on 17.3.2018. He further submitted that the alleged gun shot was totally false and fabricated and it is apparent from the discharge summary, in which it has been mentioned that no operation was done on the person of the patient/injured and no vital part of the body was damaged in the alleged gun shot injury. He further submitted that the injured has not supported the prosecution story during trial and specifically stated that the accused has not fired at him. Lastly, he submitted that the applicant is languishing in jail since 21.5.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned AGA has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Satya Narayana be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 31.7.2019 Mini