Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3995 of 2019 Applicant :- Anuj Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Harish Chandra Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Harish Chandra Mishra, 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- Anuj Yadav in Case Crime No. 165 of 2018, under Sections 394, 411 I.P.C., Police Station- Nawabad, District- Jhansi with the prayer to enlarge him on bail.
Submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. The applicant is not named in the first information report. The alleged incident of loot took place on 20.4.2018 at 3.45 P.M. wherein the cashier of electricity department was looted. It is argued that after four months of the incident the name of the applicant surfaced in the confessional statement of co-accused Dev Singh. Besides it, there is confessional statement of the applicant before the police. It is further submitted that the police has shown recovery of gold chain from the applicant which, in fact, has been planted by the police. It is further submitted that the applicant was implicated in three other cases subsequent to his arrest and he was not put up for identification during investigation. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 9.8.2018, deserves to be released on bail.
Per contra, learned A.G.A. 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- Anuj 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 :- 29.1.2019/ Vikas