Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45404 of 2018 Applicant :- Tatiram @ Santosh Opposite Party :- State Of U.P.
Counsel for Applicant :- Mayank Singh,Ram Dulare Singh Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
Argument on behalf of the applicant has been extended to the effect that the applicant is innocent and has been falsely implicated in this case. The applicant is not named in the first information report. The police has planted false recovery whereas nothing incriminating has been recovered from possession of the applicant.Similarly circumstanced co-accused Mahendra Singh, Shiv Singh @ Shiva, Chhotu and Teetu @ Raghuveer have already been admitted to bail by this Court vide orders dated 7.9.2018, 25.9.2018 and 4.10.2018 in Criminal Misc. Bail Application Nos.33667 of 2018, 36140 of 2018 and 37938 of 2018.
Copy of bail order has been annexed as Annexure no. 3 to the affidavit filed in support of this bail application. The applicant has no criminal history and is languishing in jail since 23.07.2018 in the present case.
The learned A.G.A. has vehemently opposed the prayer.
Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant- Tatiram @ Santosh involved in case crime no.256 of 2018, under Sections 395, 397, 412 IPC and 15 Dacoits Affected Area Act, Police Station Pinahat, District Agra 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.
Order Date :- 28.11.2018 S Rawat