Allahabad High Court
Santosh Kol vs State Of U.P. on 17 March, 2021
Author: Vivek Varma
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 79 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11797 of 2021 Applicant :- Santosh Kol Opposite Party :- State of U.P. Counsel for Applicant :- Dev Prakash Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant, Sri Nikhil Chaturvedi, learned AGA for the State.
The applicant seeks bail in Case Crime No. 31 of 2015, under Sections 147, 148, 149, 307, 504, 506 IPC and 12/14 D.A.A. Act, Police Station Markundi, District Chitrakoot.
It is contended by learned counsel for the applicant that the applicant was not arrested on the spot and nothing was recovered from the personal possession or property of the applicant. It is further contended that no police personnel have received any injury in the alleged incident. In paragraph 10 of the affidavit the criminal history of the applicant has been properly explained. It is also contended that co-accused Lala and Raj Karan @ Karan, who have been assigned similar role, have already been granted bail by this Court vide orders dated 13.07.2016 and 19.11.2020 in Criminal Misc. Bail Application Nos. 22639 of 2016 and 10948 of 2020 respectively. Hence, parity is also claimed. It is next contended that the applicant is in jail since 20.03.2020 and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned AGA has opposed the prayer for bail.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant Santosh Kol, involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each in the like amount to the satisfaction of the court concerned on the following conditions that:
(i) the applicant shall not tamper with the prosecution evidence;
(ii) the applicant shall not pressurize the prosecution witnesses;
(iii) the applicant shall appear on each and every date fixed by the trial court.
In case of default of any of the conditions enumerated above, the order granting bail shall stands automatically vacated.
Order Date :- 17.3.2021 Lbm/-