Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17649 of 2019 Applicant :- Ajay Yadav @ Tehsil Opposite Party :- State Of U.P.
Counsel for Applicant :- Lal Behari Yadav,Birendra Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant Ajay Yadav @ Tehsil, who is involved in Case Crime No. 50 of 2019, under Sections 41, 411, 413, 414, 419, 420, 467, 468, 471 I.P.C., P.S.
Kotwali, District Ghazipur, is seeking enlargement on bail during the trial.
It has been submitted by learned counsel for applicant that applicant is innocent; he has been falsely implicated in this very case crime number; no offence has been committed by him; co- accused Lakshaman Yadav @ Lachchu, Sonu Yadav @ Amit @ Sheru and Ashutosh Yadav @ Chhotu have already been enlarged on bail by this Court vide orders dated 30.03.2019, 09.04.2019 and 10.04.2019 passed in Criminal Misc. Bail Application No. 13104 of 2019, 14642 of 2019 and 14709 of 2019 respectively; accusation against present applicant is of same degree; criminal history of applicant has been duly explained; there is no independent public witness of alleged recovery; there is no possibility of his absconding or misusing the liberty of bail, hence bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail.
The co-accused Lakshaman Yadav @ Lachchu, Sonu Yadav @ Amit @ Sheru and Ashutosh Yadav @ Chhotu, who were arrested in the same occurrence and from whose possession two stolen motorcycles each were recovered, have already been enlarged on bail by this Court vide orders dated 30.03.2019, 09.04.2019 and 10.04.2019 passed in Criminal Misc. Bail Application Nos. 13104 of 2019, 14642 of 2019 and 14709 of 2019 respectively; accusation against present applicant is of same degree, hence considering the rival submissions, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant Ajay Yadav @ Tehsil be released on bail in Case Crime No. 50 of 2019, under Sections 41, 411, 413, 414, 419, 420, 467, 468, 471 I.P.C., P.S. Kotwali, District Ghazipur, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 26.4.2019 NS