Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29302 of 2018 Applicant :- Satyendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Manish Dev,Kripa Shanker Yadav,Vindeshwari Prasad Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The allegation against the applicant is that he had liquor alongwith two brothers, Brijpal and Vijendra, while two brothers died, he survived. He has been implicated by the brother of the deceased on the ground that he mixed something poisonous in the liquor taking by his brothers, resulting in their death. Statement of the brother has been recorded before the court below wherein he has not supported the prosecution case. He has been declared hostile by the court below. The applicant is in jail since 28.03.2018.
On the other hand learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Satyendra involved in Case Crime No.0213 of 2018, under Sections 328, 302 IPC, Police Station Nakhasa, District- Sambhal be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
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 they are accused, or suspected of the commission of which they are 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 them 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 complainant is free to move an application for cancellation of bail before this court.
It is expected that the Trial Court shall proceed and conclude the trial within a period of one year from the date of production certified copy of this order.
Order Date :- 31.5.2019 SS