Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39302 of 2021 Applicant :- Ashok Yadav And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Rahul Kumar Jadaun,Alok Ranjan Tripathi,Chandra Bhushan Yadav Counsel for Opposite Party :- G.A.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material brought on record.
The present bail application has been filed by the applicants- Ashok Yadav and Ram Lakhan with a prayer to enlarge him on bail in Case Crime No.60 of 2021, under Sections- 147, 148, 149, 332, 336, 353, 395, 307, 342, 427, 504, 171-H, 188 and 269 I.P.C. & Section 7 of Criminal Law Amendment Act and Section 51 of Disaster Managment Act, 2005 & Section 3 of Epidemic Diseases Act, 1897, Police Station- Moosanagar, District-Kanpur Dehat.
Learned counsel for the applicants has submitted that the applicants are innocent and have been falsely implicated in the present case. The other co-accused named in the FIR namely Ramdhani, Rajan Tiwari, Kamal alias Babloo have already been granted bail. The role of the accused-applicants are same. The applicant is languishing in jail since 27.04.2021 and further undertakes that he will not misuse the liberty and will co- operate in trial, in case he is released on bail.
Learned A.G.A. has vehemently opposed the bail application but not disputed the facts that the co-accused have been granted bail.
Considering the rival submissions of the parties, nature of offene, severity of punishment and all other attending circumstances and the facts that other co-accused persons have been enlarged on bail, without expressing any opinion on merit of the case, the Court is of the view that a case of bail is made out.
Accordingly, bail application is allowed.
Let the applicants-Ashok Yadav and Ram Lakhan involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
1. The applicants shall not tamper with the evidence or threaten the witnesses.
2. During trial, they shall not indulge in any criminal activities.
3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicants will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 27.10.2021 C. MANI