Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35366 of 2018 Applicant :- Banarasi Yadav And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Girish Chandra Yadav Counsel for Opposite Party :- G.A.,Nirvikalp Pandey,Ramesh Upadhyaya,Ramesh U
Hon'ble Siddharth,J.
In para 2 of the supplementary affidavit averment has been made that there is mistake in the date of detention of the applicants in jail and also in the bail rejection order. The correct date of the detention is 19.07.2018 instead of 02.04.2018 mentioned in para 8 of the affidavit filed in support of the bail application. It has further been mentioned that the date of bail rejection order of the applicants is 18.08.2018 and not 26.04.18 mentioned in para 10 of the affidavit filed in support of bail application. The supplementary affidavit is taken on record.
Heard Girish Chandra Yadav, learned counsel for the applicants, learned AGA for the State as well as Sri Ramesh Upadhyaya and Sri Rajan Upadhyaya, learned counsels appearing for the informant and perused the material placed on record.
In the first informant report the allegation is of putting school on fire causing loss to the property of the school. The applicants are not named in the first information report. The order of another co-accused Anil Yadav, who was also not named in the first information report, has been placed before the Court. The prayer for release of the applicants on bail on the ground of parity has been made. The applicants are languishing in jail since 19.07.2018.
On the other hand learned AGA opposed the prayer for bail.
Considering the submissions of the learned counsel for the parties, the fact that the identically placed co-accused has already been released on bail by this Court, without expressing any opinion on the merits of the case, the Court is of the view that it is a fit case for bail. The bail application is allowed.
Let the applicants Banarasi Yadav and Ramji Yadav, involved in case crime No.0020 of 2018, under sections 147, 148, 436, 427, 120-B, 34, 149, 336, 323, 325, 504, 506, 452 I.P.C, Police Station Khanpur, District Ghazipur 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 that :-
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence are exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.
5. The applicants 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 them 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 complainant is free to move an application for cancellation of bail before this court.
Order Date :- 25.9.2018 SS