Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48773 of 2018 Applicant :- Satyam Gupta Opposite Party :- State Of U.P. Counsel for Applicant :- Rajesh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been filed by the applicant Satyam Gupta seeking bail in Case Crime No. 1102 of 2017 under Sections 304, 323, 504, 506, 325 I.P.C., P.S. Baksa, District Jaunpur.
It is submitted by learned counsel for the applicant that co- accused Shivam Gupta has been enlarged on bail by this Court vide order dated 26.11.2018 in Criminal Misc. Bail Application No.12101 of 2018. The role of applicant is similar to co- accused Shivam Gupta, therefore, the applicant is also be released on bail on the ground of parity. It is further submitted that the applicant is languishing in jail since 10.12.2017 (about one year); having no criminal history; the applicant is innocent and has been falsely implicated in the present case; it is not ascertained who is the author of the head injury of the deceased; only one injury was found on the body of the deceased; general role has been assigned to both the accused; there is no independent witness 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 applicant further submitted that there is no possibility of case being heard in near future.
On the other hand, learned A.G.A. opposed the prayer for bail of the applicant but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
Considering the submission of learned counsel for the parties as well as facts of the case, nature of allegation, without expressing any opinion on the merits of the case, this Court is of the opinion that it is a fit case for bail to the applicant. Hence, the bail application is hereby allowed.
Let the applicant Satyam Gupta involved in Case Crime No. 1102 of 2017, under Sections 304, 323, 504, 506, 325 I.P.C., P.S. Baksa, District Jaunpur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the 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 appellant 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.
6. The applicant shall not taken any adjournment in the trial.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail. The trial court is also directed to conclude the trial of the applicant within one year.
Order Date :- 19.12.2018 Abhishek