Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2557 of 2018 Applicant :- Satya Prakash Opposite Party :- State Of U.P.
Counsel for Applicant :- Mr Rakesh Kumar Verma,Mr Giri Ram Rawat,Mr Indra Deo Mishra,Rajesh Kumar Singh Counsel for Opposite Party :- G.A.,Ashutosh Pandey
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged on 26.2.2017 against five named and two unknown persons, namely, Amar Singh, Jasraj, Banti, Gajendra, Suresh Chandra alleging that on 05.06.2017 they assaulted Sudhakar and Samar Singh by firearm, sharp edged weapon, and lathi-danda and Sudhakar received two lacerated wound on head, four swelling injuries and due to injury on head he died; before this incident one incident was taken place when Nathuram was shot dead and case was registered as crime no.182 of 2017.
Learned counsel for the applicant submitted that co-accused Jasram has already been enlarged on bail by this Court vide order dated 27.4.2018 passed in Criminal Misc. Bail Application No. 40024 of 2017; the name of the applicant was surfaced on the confessional statement of Samar Singh- witness after three days of the incident with other co-accused Satya Prakash, Jasram, Umesh, Phul Singh, Kiran Singh, Harish Chandra, Bhoori Singh, Ram Dulari, Bhoori, Bhawani Shankar, etc.; the applicant has been falsely implicated in the present case; there is no legal evidence against applicant; having no criminal history; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 15.8.2017 (more than nine months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused.
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 Satya Prakash involved in the Case Crime No. 184 of 2017, under Sections 147, 148, 323, 324 and 302 I.P.C., P.S. Dauki, District Agra be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with 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, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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.
Order Date :- 30.5.2018 OP