Satyaveer vs State Of U.P.
2019 Latest Caselaw 4861 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 74
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21398 of 2019
 

 
Applicant :- Satyaveer
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Kuldeep Kumar Dixit
 
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.

It is submitted by the learned counsel for the applicant that since Rakesh Mishra who is Brahmin by caste got married with Ms. Sarvesh who belongs to Gurjar community about 14 years back in a secret way. He further submitted that the motive was drawn from that incident falsely implicating the applicant. It is next submitted that there is no direct evidence. The statement of Smt. Sarvesh wife of the deceased was recorded after 51 days of the incident and as such tailoring cannot be ruled out. Besides the applicant also claims parity with Santosh, who has already been enlarged on bail by another bench of this Court vide order dated 12.10.2017 in Criminal Misc. Bail Application Nos. 25568 of 2017. He further submitted that the role of the applicant is identical to that of co-accused Santosh. It has further been submitted that the applicant has not committed the alleged offence. Nothing has been recovered from the possession of the applicant or on his pointing out. The applicant has no criminal history and is in jail since 1.8.2018.

Per contra; learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid fact that co-accused Santosh having identical role has already been released on 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 Satyaveer involved in Case Crime No. 252 of 2017, under section 307, 302, 34, 120B IPC, P.S. Kotwali Mainpuri, District Mainpuri 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 :- 22.5.2019

Masarrat