Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42695 of 2021 Applicant :- Abhay Jaiswal And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Anil Kumar Counsel for Opposite Party :- G.A.,Narendra Deo Upahdayay,Vinay Bhushan Upadhyay
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Anil Kumar, learned counsel for the applicants and Sri Ankit Srivastav, learned AGA for the State as also perused the material placed on record.
2. List revised. None appears on behalf of the informant to oppose the present bail application.
3. The instant bail application has been filed on behalf of the applicants - Abhay Jaiswal and Vibhay Jaiswal, with a prayer to release them on bail in Case Crime No. - 186 of 2021, under Sections - 147, 148, 304, 308, 34, 323, 324, 336, 504, 506 I.P.C., Police Station - Chopan, District - Sonbhadra, during pendency of trial.
4. At the outset, learned counsel for the applicants states that in exact similar allegations, co-accused Shyamakant Jaiswal @ Samakant and Praveen Jaiswal have already been enlarged on bail by this Court in Criminal Misc. Bail Application Nos. 42386 of 2021 and 42702 of 2021, vide orders dated 25.11.2021 and 13.12.2021 respectively. For the reasons contained in those orders, the present applicants are also entitled for bail. Further, it has been submitted that the applicants have no criminal history.
5. In view of the above, without expressing any opinion on the final merits of the case, let the applicants involved in the aforesaid crime be released on bail, on their 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 applicants shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicants shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.
6. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
7. Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 23.12.2021 Abhilash