Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11244 of 2018 Applicant :- Akash Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Mahendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Mahendra Singh, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
It is alleged that some quarrel was taken place between applicant and the complainant over the transaction of money.
Learned counsel for the applicant in support of his prayer for bail submits that he has not committed any offence and has been falsely implicated in the present case due to ulterior motive. It is next contended that nothing was recovered from the possession of the applicant and there is no independent or eye witness of the alleged incident. It is next contended that co- accused Amit @ Pattu has been released on bail by this Court on 5.3.2018, copy of which has been produced by the applicant's counsel which is 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 12.2.2018.The applicant has no other reported criminal antecedent.
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 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 Akash Yadav involved in Case Crime No.52 of 2018, under section 394 IPC,,P.S.Mau Maudarwaja, District Farrukhabad be released on bail on his furnishing a personal bond with two sureties each 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.
Order Date :- 28.3.2018 IA