Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36521 of 2019 Applicant :- Satyaveer Singh Alias Sinku Opposite Party :- State Of U.P.
Counsel for Applicant :- Anand Pati Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant, Sri Mayank Mishra, learned Brief Holder appearing for the State and perused the record.
According to prosecution case, one Security Guard Ram Lakhan was killed by some unknown persons on 18.11.2018 receiving five injuries. During investigation, Deepanshu @ Gabbar, Sanjay @ Batla, Ankit Soni, Sonu, Satyaveer Singh @ Sinku and Sandeep Kushwaha @ Kallu were arrested by the Police personnel and they confessed that they were indulged in this crime and recovery of country made pistol was shown in Police encounter case.
Learned counsel for the applicant submitted that co-accused Amit Soni and Sonu have been enlarged on bail by this Court vide order dated 8.8.2019 and 28.3.2019 in Criminal Misc. Bail Application Nos. 12552 of 2019 and 12671 of 2019 and the case of the applicant is identical to the case of co-accused, who have already been enlarged on bail, hence the applicant is also entitled to bail on the ground of parity. He further submitted that applicant is languishing in jail since 2.12.2018 (more than ten months). Criminal history of six cases have been explained in para-3 of the supplementary affidavit dated 25.9.2019. The applicant is innocent and has been falsely implicated in this case on the basis of suspicion only. The applicant is not named in the F.I.R. The name of the applicant was disclosed on the basis of suspicion only. There is no independent/eye witness account against the applicant. General role has been assigned against all the accused persons. The Police has roped the applicant in this case to show his good work only. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and the case of the applicant is identical to the case of co-accused, who have been enlarged on bail.
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 opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant Satyaveer Singh Alias Sinku involved in Case Crime No. 153 of 2018 (Special Case No. 5 of 2019), under Sections 302, 398, 34 IPC, Police Station-Vaidpura, District- Etawah 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 :- 26.9.2019 OP