Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41196 of 2018 Applicant :- Satyapal Opposite Party :- State Of U.P.
Counsel for Applicant :- Rakesh Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Satyapal seeking bail in Case Crime No. 514 of 2018, under Sections 307, 323, 326, 394 IPC, Police Station Dankaur, District Gautam Budh Nagar.
Learned counsel for the applicant has submitted that the applicant is not named in the FIR and his name name has surfaced subsequently in the statement of the victim Vinod. From the perusal of the statement of victim Vinod, only role assigned to the applicant is of standing nearby the place of the occurrence.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case on account of ulterior motive. The applicant has no criminal history to his credit.
He has further submitted that the applicant is in jail since 06.09.2018 and in case, the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant that no specific role has been assigned to the applicant and he has no criminal history to his credit.
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 Satyapal 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 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.
Order Date :- 29.10.2018 Nadim