Satendra vs State Of U.P.
2018 Latest Caselaw 4511 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49347 of 2018
 

 
Applicant :- Satendra
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Shalendra Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

Learned counsel for the applicant submits that the FIR of the alleged incident was lodged by one Narottam Singh against unknown mentioning therein that a dead body of unknown lady is lying in a boring pot near the Rasta. During investigation the name of the applicant came into light in the statement of witnesses Vijendra Pal Singh and Amit Pal who have claimed themselves to be eye witnesses of the alleged occurrence. In the statements of Vijendra Pal Singh and Amit Pal it has come that they have seen the alleged occurrence from the roof of Raghuveer Pradhan and the above witnesses have shown the incident to be taken place in the mid night about 1.00 a.m. but the above witnesses have not disclosed the alleged incident to anyone in the night and in the morning and they have also not given any information to the police. It has further been submitted that the applicant is the relative of husband of the deceased. There was no motive to the applicant to commit the alleged offence. The applicant has solemnized the marriage of the deceased with co-accused Chiku due to which the applicant has falsely been implicated in the present case. It has further been submitted that nothing incriminating has been recovered from the possession of the applicant or on his pointing out. The applicant has no concern with the alleged incident. He has falsely been implicated in this case. The applicant has no criminal history and is in jail since 8.7.2018.

Per contra; learned A.G.A. has opposed the prayer for bail.

Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.

Let the applicant Satendra involved in Case Crime No. 191 of 2018, under section 302, 201 IPC, P.S. Amaupur, District Kasganj be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

1. The applicant will not tamper with the evidence.

2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.

3. He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.

In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.

Order Date :- 21.12.2018

Masarrat