Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31795 of 2019 Applicant :- Brijbhushan Yadav @ Butan Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Kumar Singh,Vinod Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant is that general and vague allegations have been made against the applicant. There is no motive to commit the offence. The dispute took place while the Barat procession was going on and marriage ceremonies were also being performed. Assuming it to be that any such incident took place even then specific role has been assigned to one Lekhraj Yadav @ Lekha for causing injury on the head of the deceased. The case of the applicant is distinguishable from the case of the other co-accused Lekhraj Yadav @ Lekha, who has been specified the role of causing injury on the head of the deceased. In case the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant does not bear any criminal history and is languishing in jail since 22.5.2019.
Learned A.G.A. has opposed prayer for bail.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed.
Let the applicant Brijbhushan Yadav @ Butan involved in Case Crime No. 157 of 2019, under Sections 147, 304 I.P.C. Police Station Bairiya District Ballia be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 26.8.2019 N.A.