Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17608 of 2010 Petitioner :- Satyapal Singh Respondent :- State Of U.P Petitioner Counsel :- J.J. Munir,Hemant Kumar Respondent Counsel :- Govt Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused
the record.
Learned counsel for the applicant submits that the applicant is innocent
and has been falsely implicated. He further submits that on identical
allegations two more FIRs were lodged wherein the applicant has been
granted bail by this Court in Crl. Misc. Bail applications No.10365 of
2010 on 30-4-2010 and in Crl. Misc. Bail Application No.15390 of 2010
on 5-7-2010 . He further submits that papers regarding appointment of
Mahipal Singh under Dying in Harness Rules, were prepared in the
Police department between 20-10-1998 to 3-11-1998. The applicant
was not posted between the aforementioned period as clerk and the
papers were not in his custody. He took charge on 20-11-1997 from
Kadam Singh and handed over charge on 3-6-1998 to Kamla Devi, as
such he was not involved in preparation of the file pertaining to the
appointment of Mahipal Singh, under Dying in Harness Rules and so he
is entitled for bail. He further submits that the applicant has no criminal
history and is in Jail since 04-2-2010.
Keeping in view the nature of the offence, evidence, complicity of the accused,
severity of punishment and submissions of the learned counsel for the parties, I am
of the view that the applicant has made out a case for bail.
Let the applicant Satyapal Singh involved in Case Crime No. 886 of
2008 under Section 409 IPC, P.S. Kotwali Nagar, District Bulandshahar
be released on bail on his furnishing a personal bond and two sureties
each in the like amount to the satisfaction of the court concerned with
the following conditions;
(i)The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/ intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed.
(iv)The applicant shall report to the police station concerned in the first week
of each month to show his good conduct and behavior.
In case of breach of any of the above conditions , the court below shall be at
liberty to cancel the bail.
Order Date :- 12.7.2010
IA