Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30421 of 2019 Applicant :- Abhiman Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Manoj Yadav Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Manoj Yadav, learned counsel for the applicant, Sri Pankaj Srivastava, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Abhiman Yadav with a prayer to release him on bail in Case Crime No. 70 of 2019, under Sections 147, 148, 149, 308, 323, 504, 506 I.P.C., Police Station- Bansdih Road, District- Ballia, during pendency of trial.
It is argued by the learned counsel for the applicant that for the incident dated 17.06.2019 at about 11:00 a.m., the F.I.R. has been lodged by the informant on 17.06.2019 against as many as 11 named and four unknown accused persons including the present applicant whereas the applicant's side has also lodged the F.I.R. on 26.06.2019 against as many as 13 named accused persons including the present informant. It is further argued that in the aforesaid incident, from the side of the applicant, four persons have received injuries whereas from the side of the first informant, six persons have received injuries. Learned counsel for the applicant has next submitted that it is a cross case in which both sides have received injuries and who, out of the two rival groups, is the aggressor, cannot be determined at this stage. The co-accused-Sanjay Yadav has already been granted bail by this Court vide order dated 26.07.2019 passed in Cri. Misc. Bail Application No. 29950 of 2019 and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is languishing in jail since 17.6.2019. The applicant does not have any previous criminal history. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Considering the material/evidence brought on record, the submissions made by learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 30.7.2019 JK Yadav