Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20220 of 2018 Applicant :- Bhola Yadav Opposite Party :- State Of U.P Counsel for Applicant :- Awadhesh Kumar Malviya Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Awadhesh Kumar Malviya, learned counsel for the applicant and Sri Sanjay Singh, learned A.G.A. appearing for the State.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case due to old enmity. It is further submitted that the incident has taken place on 21.02.2018 and the first information report for the same has been lodged after 5 days of the incident i.e. on 26.02.2018 for which no proper explanation has been given. It is also submitted that as per statement of injured witness namely Ram Pravesh, main role of causing injury to the injured is said to have been assigned to co-accused Amit Rai. A copy of the said statement has been annexed as Annexure No. 4 to the affidavit filed in support of bail application. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 23.03.2018. The applicant has no other reported criminal antecedent.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Bhola Yadav involved in Case Crime No. 08 of 2016, under Sections 307 and 506/34 I.P.C., Police Station Reotipur, District Ghazipur be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 29.5.2018 Arti