Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38104 of 2017 Applicant :- Satyendra Singh @ Satyendra Pal Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Suresh Chandra Mishra Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard Sri Suresh Chandra Mishra, learned counsel for the applicant and learned A.G.A.for the State.
According to the prosecution case, the F.I.R. was lodged against two persons, namely, Satyendra Singh (applicant) and Meghan Lal alleging that on 26.5.2017 at about 7.00 a.m., they took Sheelendra for taking work as labour for smoothing the stones. Accused applicant Satyendra Singh asked to Sheelendra to check the machine as the applicant and Meghan Lal were arranging the electricity supply. Sheelendra Singh had started to check the machine. Meanwhile the accused and Meghan Lal connected the electric line with power supply as a result of which Sheelendra got electric shock and died on spot.
Learned counsel for the applicant submitted that the applicant has been falsely implicated; during the investigation the involvement of Meghan Lal was found false; the applicant died due to an accident in which nobody has killed him; during investigation the maternal uncle of the deceased alleged that Meghan Lal was involved in the crime; the statement of complainant Jagat Pal Singh has been recorded before the court as P.W.1 and he does not support the prosecution version; he lodged the FIR on the information of some unknown person ; there is no independent witness of the incident; there is no independent witness in this case; there is no legal evidence against the applicant; the applicant is languishing in jail since 11.7.2017 ( more than 9 months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that the applicant has no criminal history against this accused.
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 the applicant Satyendra Singh @ Satyendra Pal Singh involved in the Case Crime No.115 of 2017, under Section 304 I.P.C., P.S.Bhuta, District Bareilly be released on bail on his 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, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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 :- 30.4.2018/Su