Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45573 of 2018 Applicant :- Bittu Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Pramod Kumar Sahani Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Learned counsel for the applicant is permitted to correct the date of detention of the applicant.
Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Bittu Yadav seeks bail in Case Crime No. 619 of 2016, under Sections 147, 148, 149, 323, 504, 506, 307, 332, 353, 342, 427, 436, 336, 5 IPC and 3 of Prevention of Damage to Public Property Act, 1984 and 7 Criminal Law Amendment Act, P.S. Shahpur, District- Gorakhpur.
Learned counsel for the applicant has submitted that applicant is not named in the first information report and his name has surfaced during the course of investigation. Learned counsel for the applicant has next submitted that similarly placed co-accused Om Prakash Tripathi has already been granted bail in Criminal Misc. Bail Application No. 1610 of 2018 vide order dated 12.1.2018. Lastly, it is submitted that applicant is in jail since 13.10.2016 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. The criminal history of the applicant has been explained in paragraph- 3 of the affidavit.
Learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts and that the applicant is in jail since 13.10.2016.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let applicant Bittu Yadav be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 29.11.2018 KU