Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38741 of 2017 Applicant :- Ajeet Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajeet Kumar Srivastava,V.P. Srivastava Counsel for Opposite Party :- G.A.,S.N.Singh,Shabana Nizam
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant learned counsel for the complainant and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged against Sujeet Kumar Yadav, Dileep Yadav, Amit Yadav, Jitendra Yadav, Ajit Yadav and Prashant Yadav alleging that on 25.6.2017 at 7 P.M. they assaulted Rajendra Prasad Yadav, Surendra Prasad Yadav, Virendra Kumar Yadav and Vishal Yadav with stick(lathi) and 'danda'. They received injuries. Virendra Vikram Yadav died after sustaining injury on his head, other six injuries are simple in nature.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 27.7.2017(more than nine months months) having no criminal history. all injuries of other injured are simple in nature except Virendra Vikram Yadav; there was no independent witness; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial. He further submitted that accused persons namely, Jitendra and Ajeet Yadav have also received injuries in the said incident and the case of this applicant is identical to co-accused Dileep Yadav and Jitendra who have been enlarged on bail by this Court vide order dated 11.4.2018 passed in Criminal Misc. Bail Application No. 9119 of 2018.
On the other hand, learned A.G.A. opposed though opposed the prayer for bail but admitted that applicant has no criminal history and his case is identical to above co-accused who have been enlarged on bail by this Court.
Learned counsel for the complainant submitted that some injuries of 2-3 other injured are on vital parts.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Ajeet Yadav involved in Case Crime No. 666 of 2017, under Section 147, 302, 323, 504 IPC, Police Station Sarai Khawaja, District Jaunpur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 26.4.2018 P.P.