Satendra Singh Alias Fauji Alias Satto vs State of U.P.

Neutral Citation No. - 2025:AHC:103372

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22121 of 2025

Applicant :- Satendra Singh Alias Fauji Alias Satto Opposite Party :- State of U.P. Counsel for Applicant :- Devesh Kumar Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Heard Shri Devesh Kumar Sharma, learned counsel for the applicant, Shri Arimardan Yadav, learned AGA for the State and perused the record.

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This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accusedapplicant, Satendra Singh Alias Fauji Alias Satto , seeking enlargement on bail in Case Crime No. 129 of 2018, under Sections 302, 201 of IPC, Police Station Mant, District Mathura.

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Learned counsel for the applicant argued that the accusedapplicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 24.4.2018. Learned counsel for the applicant submits that applicant was not named in the FIR. His name surfaced on the record on the basis of statement of prosecution witness Prem Singh under Section 161 Cr.P.C., who alleged that applicant was last seen with the deceased. Learned counsel for the applicant submits that except last seen evidence, there is nothing adverse against the applicant. Learned counsel for the applicant submits that after completion of investigation, charge sheet was presented before the Court and applicant has been accordingly charge sheeted. Thereafter, Trial Court proceeded to record the statement of prosecution witnesses arrayed in the list of witnesses. The aforesaid prosecution witness Prem Singh has been examined by the Trial Court as PW-9, who in his statement has not supported the case of prosecution and has been declared hostile. The said witness was also examined by the Public Prosecutor but failed to support the case of prosecution. There is no independent witness of the alleged incident and no one has seen the applicant for causing murder of the deceased. Learned counsel for the applicant submits that applicant has six cases of criminal antecedent excluding the present case, which have been

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duly explained and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for.

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Learned AGA has vehemently opposed the prayer for bail by submitting that applicant was entangled in this case on the basis of statement of Prem Singh. But he, however, could not dispute the fact that aforesaid Prem Singh has turned hostile.

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Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, and also the fact that PW-9 Prem Singh, whose statement applicant has been roped in this case, has declared hostile, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.

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Accordingly, the bail application is allowed .

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Let the accused-applicant, Satendra Singh Alias Fauji Alias Satto , involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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Order Date :- 3.7.2025 Ravi Prakash

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(Ashutosh Srivastava, J.)

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Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad

Satendra Singh Alias Fauji Alias Satto v. State of U.P.

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Satendra Singh Alias Fauji Alias Satto v. State of U.P.

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