Court No. - 48 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26391 of 2009 Petitioner :- Sonu @ Arunendra Tiwari Respondent :- State Of U.P. Petitioner Counsel :- Usha Srivastava,Lal Chandra Mishra Respondent Counsel :- Govt. Advocate Hon'ble Surendra Singh,J.
Counter affidavit filed today by the learned A.G.A. is taken on record.
Heard learned counsel for the applicant and learned A.G.A. and
perused the material placed on record.
Applicant-Sonu @ Arunendra Tiwari seeks bail in Case Crime No. 35
of 2008 under Sections 364-A, 120-B I.P.C. and Sections 10/12/143 of
Dacoity Affected Area Act, Police Station Kotwali Karvi, District
Chitrakoot.
Submissions have been made on behalf of the applicant that the
applicant is not named in the F.I.R. His complicity as a participant in
the crime has surfaced after his arrest along with alleged kidnapee,
Ram Yash Ojha during police encounter on 7.1.2008 at about 4.35
A.M. at Bedi Pulia which is within the territorial jurisdiction of Police
Station Karvi, District Chitrakoot. Learned counsel further submits that
the incident is alleged to have taken place on 6.1.2008 at about 8.00
P.M. and the F.I.R. was registered on the same day at about 10.00
P.M. and the alleged kidnapee was recovered in the next morning i.e.
just after 8 hours of the incident near the house of co-accused, Uma
Kant. He further submits that had the applicant kidnapped the father of
the informant, he would not have remained near the place of the
incident. He next argued that co-accused, Uma Kant as well as
Jitendra, the owner of the motorcycle, have been granted bail by the
court concerned. He has further submitted that the applicant is in jail
since 7.1.2008 and the trial has not commenced which is likely to take
sometime to conclude. He has further submitted that the applicant has
got no criminal history to his credit, thus he deserves to be released on
bail.
The bail is, however, opposed by the learned A.G.A.
The points pertaining to nature of accusation, severity of punishment,
reasonable apprehension of tampering the witnesses, prima facie,
satisfaction regarding proposed evidence and genuineness of the
prosecution case were duly considered.
Considering totality of circumstances of the case, I consider it a fit
case to enlarge the applicant on bail.
Without expressing any opinion on the merits of the case, let the
applicant-Sonu @ Arunendra Tiwari involved in aforesaid crime be
released on bail on his furnishing a personal bond of Rs. 50,000/- and
two sureties each in the like amount to the satisfaction of the court
concerned with the following conditions that;
1. The applicant shall not tamper with the prosecution evidence
by intimidating the witnesses.
2. He shall cooperate with the investigation and speedy trial.
3. He shall not indulge in any criminal activity or commission of
any crime after being released on bail.
Order Date :- 22.1.2010
MN/-