Allahabad High Court
Satyapal vs State Of U.P. on 21 November, 2019
Author: Saumitra Dayal Singh
Bench: Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 71 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51146 of 2019 Applicant :- Satyapal Opposite Party :- State of U.P. Counsel for Applicant :- Mahendra Singh Counsel for Opposite Party :- G.A Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Mahendra Singh, learned counsel for the applicant; as well as Sri Ankit Shrivastav, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Satyapal with a prayer to release him on bail in Case Crime No. - 297 of 2019, under Sections -147, 148, 149, 336, 353, 332, 427, 307 I.P.C. and 7 Criminal Law Amendment Act, Police Station - Gunnaur, District -Sambhal, during pendency of trial.
3. Having heard learned counsel for the parties, at present :
(i) the applicant is accused of attempt to murder and other offences, punishable with imprisonment of ten years. Against the FIR lodged on 26.06.2019, the applicant was arrested on 17.10.2019 and is in confinement since then;
(ii) the applicant claims to have cooperated in the investigation and in any case is not shown to have unduly evaded his arrest;
(iii) the applicant has no criminal history;
(iv) the charge sheet has been submitted against some of the co-accused persons. Investigation is pending against the others including the present applicant. However, the prosecution has not been able to justify and continued arrest of the applicant pending such investigation.
(v) on prima facie basis only, it may be noted that the FIR was registered against twenty named and hundred unnamed persons. Though, the applicant is named, however, some of the similarly named persons have already been enlarged on bail in Criminal Misc. Bail Application Nos.35360 of 2019 (Kishan Singh) decided on 28.08.2019, 34299 of 2019 (Bhagwan Singh) decided on 22.08.2019, 34581 of 2019 (Netrapal) decided on 26.08.2019, 34794 of 2019 (Somveer) decided on 28.08.2019, 36569 of 2019 (Rahul) decided on 17.09.2019 respectively;
(vi) no reasonable apprehension has been brought to the fore by the state that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
4. Without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bondand two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :
(i) the applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial;
(ii) the applicant shall cooperate in the trial sincerely without seeking any adjournment;
(iii) the applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 21.11.2019 S.Chaurasia