Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7795 of 2018 Applicant :- Amit Kumar Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Vinod Kumar Yadav,Abhishek Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant, and learned A.G.A. for the State.
This bail application has been moved by the accused-applicant Amit Kumar Yadav who is involved in Case Crime No. 516/2017, under Sections 147, 148, 149 and 302 I.P.C. & 7 Criminal Law Amendment Act, Police Station- Jhunsi, District Allahabad.
As per prosecution version, on 28.09.2017 at about 4:30 p.m. appellant and co-accused Ashwini Kumar @ Sugga Yadav, Manish Yadav, Sushil @ Babloo Yadav, Yogesh Yadav @ Gore Yadav, Atul Yadav and Rohit Yadav came having fire arm. Co-accused Ashwini Kumar @ Sugga Yadav caused fire arm injury to Faizan due to which Faizan sustained injury and died.
It is contended by learned counsel for the applicant that applicant has been falsely implicated in the present case. There is single fire arm injury to deceased. The role of causing fire arm injury is assigned to co-accused Ashwini Kumar @ Sugga Yadav. The role of applicant is similar to that of co-accused Yogesh @ Yogendra @ Gore Yadav and Atul Yadav @ Anurag Yadav who have been granted bail by this Court vide orders dated 15.02.2018 & 22.02.2018, passed in Criminal Misc. Bail Application Nos. 5573/2018 & 6295/2018.
Learned A.G.A. has opposed the prayer for bail admitted that the role of applicant is similar to that of co-accused Yogesh @ Yogendra @ Gore Yadav and Atul Yadav @ Anurag Yadav.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail.
Let the applicant Amit Kumar Yadav be released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the Magistrate concerned.
Accordingly bail application is allowed. Order Date :- 27.2.2018 Sharad/-