Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41482 of 2018 Applicant :- Satya Prakash Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjeev Kumar Trivedi Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Sanjeev Kumar Trivedi, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.518 of 2018, under Sections 304 & 201 IPC, Police Station Chhibramau, District Kannauj, with the prayer to release him on bail.
It is urged that the incident is of 1.6.2018; F.I.R. was lodged belatedly on 13.06.2018; informant and the eyewitness, who are the punch of punchayatnama conducted on 2.6.2018; did not name the applicant; postmortem examination report shows seven contusion injury caused on face nose, upper eyelid, right arm, anterior neck and chest, upper part of right chest, lower lateral part of right back, right knee and left foreleg.
It is urged that the injuries are not fatal; only evidence against the applicant is of last seen; there is no eyewitness account of the alleged offence; no recovery has been made from possession of the applicant; applicant is languishing in jail since 24.9.2018, having no criminal antecedent and in case he is enlarged on bail, he will not misuse the liberty of bail and will cooperate in trial. Lastly, it is submitted that co-accused Rahul alias Rohit has been enlarged on bail by the coordinate Bench of this Court in Criminal Misc. Bail Application No.32577 of 2018, by an order dated 27.8.2018, therefore, the applicant may also be released on bail. A copy of the bail order of co-accused Rahul alias Rohit has been produced by learned counsel for the applicant, which is taken on record.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Satya Prakash, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that :-
(1) The applicant shall not tamper with the prosecution evidence;
(2) The applicant shall not pressurize the prosecution witnesses;
(3) The applicant shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the Courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 31.10.2018 Hasnain