Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38612 of 2018 Applicant :- Satyendra Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Kumar Ojha Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Rajesh Kumar Ojha, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Satyendra Singh in Case Crime No. 206 of 2016, under Sections 302, 120-B I.P.C., Police Station- Shivkuti, District- Allahabad with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. The applicant was already in jail since 08.10.2004 in a pending trial under Section 302 I.P.C. In the present case, the allegation against him is of hatching conspiracy with co-accused K. D. Mishra to eliminate the deceased. It is argued that the Investigating Officer could not collect any reliable evidence regarding hatching conspiracy. Co-accused Manish Kumar Pandey and Bhola @ Bachhu @ Muniraj whose name cropped up during investigation that they had participated in the instant incident have already been enlarged in bail by coordinate Benches of this Court vide orders dated 02.03.2017 & 03.05.2017 in Criminal Misc. Bail Application Nos.7800 & 10748 of 2017, respectively. It is argued that the applicant is already in jail since 2001 and is suffering imprisonment for life in the earlier murder case. There is no early prospect of conclusion of trial. Therefore, the applicant deserves to be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant and submitted that the applicant is already a previous convict and there are serious allegation of hatching conspiracy against him. Therefore, he is not entitled to be enlarged in bail.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Satyendra Singh 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 following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 27.10.2018/ Vikas