Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38013 of 2018 Applicant :- Akhilesh Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Kameshwar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Kameshwar Singh, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant-Akhilesh Yadav in Case Crime No.102 of 2018, under Sections 147, 148, 149, 302, 323, 504, 506, 34 I.P.C., Police Station Maniar, District-Ballia with the prayer to enlarge him on bail.
It is submitted by learned counsel for the applicant that according to prosecution, the applicant and four others have been assigned omnibus role of assault to the deceased and two injured by Lathi Danda, Kanta on account of election rivalry when the marriage ceremony of informant's niece was taking place. He further submits that the post mortem report of the deceased shows contusion (abraded) on left side of the head, abrasion on left side of upper back and cause of death is due to ante-mortem head injury. Learned counsel submits that during investigation, in the statement of the injured only omnibus role of assault by lathi danda has been attributed to co-accused, Arjun Yadav and co-accused Sailesh Yadav and one Manoj who was not nominated in the F.I.R. It is not clear as to who was author of the solitary head injury. It is argued that it appears to be a case of sudden fight and it will not travel beyond the purview of Section 304 IPC. It is next submitted that co-accused Sailesh Yadav, Arjun Yadav and Deepak Yadav have been granted bail by coordinate Benches of this Court as well as by this Court in Criminal Misc. Bail Application Nos. 34514 of 2018, 35077 of 2018 and 38812 of 2018 vide orders dated 12.09.2018, 4.10.2018 and 10.10.2018 respectively. Thus the applicant, who is in jail since 27.06.2018, also deserves to be released on bail.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant-Akhilesh Yadav be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 29.10.2018 MN/-