Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51899 of 2021 Applicant :- Satyapal Opposite Party :- The State Of U.P. Through Principal Secretary (Home) Counsel for Applicant :- Ashutosh Yadav,Abhilasha Singh,Shyam Lal Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Satyapal in connection with Case Crime No.157 of 2021, under Section 302 I.P.C., Police Station Zarifnagar, district Budaun.
The first information report of this incident was lodged by the complainant against seven named persons including the applicant. It was alleged in the first information report that on 08.07.2021 at about 6.00 p.m. when the complainant and his brother Radheyshyam were returning from Kardabad Bazar and when they reached near the house of Saudan the named assailants attacked, in the said incident his brother received injuries. It was also alleged that his wife has also received gun shot injuries.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that co-accused Rambhup has been admitted to the concession of bail by another Bench of this Court by order dated 14.12.2021 passed in Criminal Misc. Bail Application No.50375 of 20121, photocopy whereof supplied by learned counsel for the applicant has been perused by the Court, is taken on record and role assigned to applicant is similar to role of the other co-accused, who has already been enlarged on bail. He claims parity. He submitted that applicant is languishing in jail since 21.09.2021 and has no criminal antecedents to his credit, hence he is entitled to be released on bail and he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea. However, learned A.G.A. does not dispute the factum of parity.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2 and also the fact that aforesaid co-accused has been admitted to the concession of bail by this Court, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Satyapal involved in the aforesaid crime be released on bail on 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;
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 23.12.2021 R./ Digitally signed by Justice Ajit Singh Date: 2021.12.25 16:12:13 IST Reason: Document Owner Location: High Court of Judicature at Allahabad