Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43962 of 2017 Applicant :- Ajay Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- \Ijendra Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Sri S.K.Dubey has filed power alongwith supplementary affidavit on behalf of the applicant which is taken on record.
Heard Sri B.K.Mishra, learned counsel for the applicant and Sri R.S.Parihar, learned A.G.A. appearing for the State.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case due to ulterior motive and he has committed no offence.It is pointed out that the applicant has criminal history of three cases. This fact is mentioned in paragraphs 10 & 11 of the affidavit filed in support of the bail application, which has been properly explained. It is also pointed out that co-accused namely Umesh Yadav add Kamta Yadav have been released on bail by the court below,copies of which have been produced by the applicant's counsel and the same are taken on record. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 25.9.2017.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Ajay Yadav involved in Case Crime No.765 of 2016, under Sections 272, 273, 419, 420, 467, 468, 471, 120-B IPC & Sec.60 of Excise Act, Police Station Saraikhwaja, District Jaunpur be released on bail on his furnishing a personal bond of Rs.2.00 lacs with two sureties each (One should be of his family member) in the like amount to the satisfaction of the court concerned with the following conditions.
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bai Order Date :- 26.2.2018 IA