Court No. - 63
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49912 of 2017 Applicant :- Ajit Kumar Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Pradeep Kumar,Chandra Shekhar,Kalp Dev Mishra Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Supplementary affidavit filed today is taken on record.
Heard Sri Pradeep Kumar Chandra, learned counsel for the applicant and Sri Vijay Shankar Singh, learned A.G.A. for the State.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. It has further argued that applicant is not named in the F.I.R. It has next submitted that co-accused of the applicant, namely, Sabal Singh, Pawan Singh, Vishal Shukla and Ratan Singh, who are involved in the present case along with the applicant have already been granted bail by another bench of this Court vide order dated 12.06.2017 in Criminal Misc. Bail Application No.19804 of 2017, order dated 21.09.2017 in Criminal Misc. Bail Application No.35641 of 2017, order dated 7.2.2017 in Crl. Misc. Bail Application No.4615 of 2017 and order dated 20.02.2017 in Crl. Misc. Bail Application No.6208 of 2017 respectively. The applicant is languishing in jail since 07.02.2017. He does not have any criminal history to his credit. In case the applicant is released on bail he will not misuse the liberty of bail. As the case of the applicant stand on the same footing, so he is entitled to be released on bail 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, the applicant does not deserve any indulgence. In case the applicant is released on bail he will misuse the liberty of bail.
Having considered the submissions of the parties and without expressing any opinion on the merits, let the applicant Ajit Kumar Yadav, involved in case crime No. 0483 of 2016 under Sections 147, 148, 149, 323, 307, 427, 452, 504, 506 and 201 IPC Police Station Barsathi, District Jaunpur be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
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.
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(Krishna Pratap Singh, J.) Order Date :- 27.2.2018 Pr/-