Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29500 of 2019 Applicant :- Satya Ram Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Satyendra Narayan Singh,Shesh Narain Mishra Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and Sri Pankaj Kumar Rai, learned brief holder for the State, and perused the record.
It is submitted by learned counsel for the applicant that one F.I.R. was lodged against unknown person alleging that Gauri Shankar (brother of complainant) killed by some unknown person. During investigation, name of Sirtaj was surfaced. After investigation, final Report/closer report was submitted and protest petition was filed, that was treated as complaint case. Statements of witnesses i.e. Om Prakash Singh, Subhash Singh, Jokhu Singh, Dr. K.P. Singh and Vikramaditt Chaudhary (head constable) were recorded under Section 200 and 202 Cr.P.C. Vide order dated 21.1.2005 accused Aniruddh, Satyaram, Santmilan and Sirtaj were summoned under Section 302 IPC without giving opportunity of hearing as well as cross-examination. Applicant was not named in the F.I.R. during investigation, the name of applicant was disclosed after thought and due legal consultation on the basis of suspicion. He is languishing in jail since 25.6.2019 (more than one month) having no criminal history. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He 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 view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Satya Ram involved in Complaint Case No.
345 of 2008 arising out of Case Crime No. 36 of 2002, under Section 302 IPC, Police Station Mahuli, District Sant Kabir Nagar 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.
Order Date :- 31.7.2019 A. Singh