The Court granted bail to the applicant in a case under Sections 354-A and 306 IPC, noting that despite two previous rejections, a prima facie case for bail was made out. The applicant was ordered to execute a bond with sureties and adhere to strict conditions.
Release on bail by executing a personal bond and furnishing two sureties in the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
Court No. - 51 Case :- CRIMINAL MISC. 2nd BAIL APPLICATION No. - 37598 of 2018 Applicant :- Satya Narayan @ Hemant Opposite Party :- State Of U.P. Counsel for Applicant :- Prem Narayan Rai,Raj Kumar Verma Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Supplementary affidavit dated 10.10.2018 has been filed today in the Court on behalf of the applicant, the same is taken on record.
Heard learned counsel for the applicant and Sri Satish Kumar Singh, learned AGA appearing on behalf of the State.
This bail application moved on behalf of applicant Satya Narayan @ Hemant, praying to enlarge the applicant on bail in Case Crime No.269 of 2016, under Sections 354-A/306, IPC, Police Station Usrahar, District Etawah.
This is the second bail application filed on behalf of the applicant. The first bail application of the applicant was rejected by this Court on 24.04.2017.
The contention of the counsel for the petitioner has submitted in the second bail application that the first informant has been examined as P.W.-1 and in his statement he has stated that ^^fd izkFkZuk i= 156(3) Cr.P.C. esa eSaus gseUr @ lR; ukjk;u dk uke xkaWo okyksa ds dgus ij fy[kk;k FkkA** Similarly the mother of the deceased has also ben examined as P.W.-2 and she has also in her statement has categorically stated that ^^;g dguk lgh gS fd yksxksa ds dgus ij esajs ifr us gseUr @ lR; ukjk;u ds fo:) eqdnek fy[kk;k FkkA** The aforesaid statement has been brought on recod by means of filed supplementary affidavit dated 10.10.2018.
The learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts as contend by the counsel for the applicant.
In view of the aforesaid facts and circumstances and the fact that the applicant is in jail since 03.11.2016 with no previous criminal history, a facts which has not been disputed by the learned AGA, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The application is allowed.
2
Let the applicant Satya Narayan @ Hemant involved in the aforesaid case crime number 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 with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the learned counsel for the complainant is free to move an application for cancellation of bail before this Court.
The applicant will appears on each and every date whatsoever, before the trial court concerned. The trial court concerned is also directed, not to grant any adjournment to the applicant until and unless there are some exceptional circumstances for which the reasons shall be given by the applicant in writing. The trial court concerned will proceed strictly in accordance with Section 309 Cr.P.C. and in view of the principle as has been laid down in the case of Vinod Kumar Vs. State of Panjab . Order Date :- 5.4.2019/VKG
2 issues framed by the court
Whether bail can be granted to the accused despite two prior applications being rejected.
Whether the statements of prosecution witnesses regarding invoking Section 156(3) Cr.P.C. are relevant for bail purposes.
1 provisions across 1 enactments
Satya Narayan @ Hemant
State Of U.P.
Vipin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
