Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43303 of 2017 Applicant :- Chhote Lal Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Achyut Jee Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 0235 of 2017 (State vs. Chhote Lal Yadav and others) u/s 364, 302, 201 IPC, P.S. Maniar, District Ballia with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the F.I.R. lodged by daughter of the deceased after four days of alleged taking away by the applicant of the deceased; in the F.I.R. there is only allegation of last seen; during investigation, police is stated to have recovered Shawl, Slipper and Hasiya of the deceased from an open place near the bank of river; the said recovery has no sanctity in the eye of law as the same has been effected from an open place after ten days of alleged taking away by the applicant of the deceased; he is in jail since 10.2.2017.
Learned A.G.A. has opposed the prayer for bail. However he could not point out anything material to the contrary.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Chhote Lal Yadav involved in the aforesaid case crime number be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 29.10.2018 Dhirendra/