Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7859 of 2018 Applicant :- Bali Ram Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Bachcha Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed by Sri Kirtikar Pande, Advocate on behalf of complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged against ten named persons alleging that on 12.5.2014 at 6:30 P.M. they armed with 'lathi-danda', rod and countrymade pistol entered into the house of brother of complainant and started assaulting them, and on exhortation of Uddhav Yadav, Baliram Yadav and Sudarshan Yadav, Manoj Yadav assaulted Shyam Lal Ram on his head. He received one injury on his head and fracture was found.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 19.1.2018(more than one months) having no previous criminal history; specific role was assigned to Manoj Yadav and general role was assigned to all the accused; no offence under Section 308 IPC is made out; he has been falsely implicated in the present case; in case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that the applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Bali Ram Yadav involved in Case Crime No.199 of 2014, S.S.T. No. 152 of 2017, under Section 147, 148, 452, 323, 504, 506, 325, 308 IPC and 3(1)(10) SC/ST Act, Police Station Bairia, District Ballia be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 27.2.2018 P.P.