Satendra v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47209 of 2023 Applicant :- Satendra Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Dubey Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Heard learned Counsel for the applicant, Sri V.P. Tripathi, learned A.G.A. for the State and perused the record.

¶2The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 189 of 2023, under Sections 307, 427 I.P.C., Police Station-Saiyan, District-Agra during pendency of the trial.

¶3Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant is the driver of the truck no. HR38 AE 5775. The Hyundai Car driven by the informant met an accident with another tractor trolley at the national highway. The applicant has no concern with the alleged incident. In the alleged incident, injury has been sustained by the wife of the informant. At this stage it cannot be said that the applicant had any intent to kill her. The applicant does not have any criminal history. The applicant is in jail since 2.9.2023. In case he is enlarged on bail, he will not misuse the said liberty.

¶4Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having heard counsel for the parties and having perused the record, this Court prima facie finds that the injured received the injury in an incident which had taken place at a national highway. At this stage, there is no substantive evidence against the applicant that he had any intent to kill the wife of the informant. Further, the applicant has no criminal antecedents. The applicant has presently remained confined for more than two months and there is no hope of early conclusion of trial, more so when 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 intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶6Let the applicant, Satendra involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not tamper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; iii. the applicant shall appear on each and every date fixed by the trial court.

¶7In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 24.11.2023 S.S. High Court of Judicature at Allahabad