Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17748 of 2019 Applicant :- Arvind Yadav And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Krishna Mohan Singh Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicants, learned AGA and perused the record.
According to prosecution case, F.I.R. was lodged on 6.10.2018 (after two days of incident) against seven accused persons, namely Amarnath Giri, Umashankar Yadav, Dhanji Yadav, Arvind, Anees, Badak Yadav and Nanhak Yadav alleging that on 4.10.2018 Gorakh Yadav was abducted by them. Later on, after 14 days, dead body of Gorakh Yadav was recovered received four incised wound. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in this case. There is no direct evidence against the applicants. Nothing incriminating article has been recovered from the possession of the applicants or on their pointing out. The co-accused Uma Shanker Yadav having identical role has already been released on bail by another bench of this court vide order dated 26.3.2019, in Cr. Misc. Bail Appliction No. 11769 of 2019, therefore, applicants are also entitled for bail on the ground of parity. There is no criminal history of the applicants and are in jail since 14.1.2019.
Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that the co-accused Uma Shanker Yadav having identical role has already been released on bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicants Arvind Yadav and Aneesh Yadav involved in Case Crime No. 52 of 2018, under Section 364, 302,201, 120- B, 34 IPC Police Station Dubhar District Ballia be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicants will not tamper with the evidences.
2. The applicants will not pressurize/intimidate the prosecution witnesses and they will cooperate with the trial.
3. The applicants will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicants.
Order Date :- 26.4.2019 Gss