Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2839 of 2019 Applicant :- Satyam Tomar Opposite Party :- State Of U.P.
Counsel for Applicant :- Bharat Bhushan Dubey Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant Satyam Tomar seeks bail in Case Crime No. 165 of 2018, under Sections 328, 364, 392, 411 IPC, P.S.-
Bela, District- Auraiya.
Learned counsel for the applicant has submitted that in respect of the loot of a tractor on 19.06.2018, the First Informant Report was lodged by one Rajesh Kumar on 20.06.2018. Pursuant to the First Information Report, the applicant was arrested on 21.06.2018 and a Swift Dezire is shown to have been recovered from his possession for which a separate case vide Case Crime No. 501 of 2018 was registered against the applicant, in which, the applicant has already been granted bail. He has further submitted that subsequently on the joint pointing out of the applicant along with one Harishchand son of Ram Singh Raidas a tractor is shown to have been recovered. Learned counsel for the applicant has next submitted that the recovery shown to be made at the joint pointing of the applicant, is not supported by any independent witness. Lastly, it is submitted that applicant is in jail since 21.06.2018, and in case if he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
Learned counsel for the applicant has next submitted that the police report has already been submitted and the chances of trial being concluded in near future is very bleak due to heavy dockets.
Learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Satyam Tomar be released on bail in the aforesaid case crime number on his furnishing a personal bond and two heavy sureties (One surety shall be family member of the applicant) subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
The trial court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible preferably with a period of six months form the date of receipt of certified copy of this order, keeping in view of the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India and another, report in AIR 2018 (SC) 2004, if there is no other legal impediment.
Order Date :- 25.2.2019 M. ARIF