Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19245 of 2019 Applicant :- Chhotey Lal Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Shiv Poojan,Anil Kumar Singh,Raj Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Supplementary affidavit filed on behalf of the applicant is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that the applicant is not named in the FIR. The FIR of the alleged incident was lodged against Balwant Pradhan, son of Balwant, Hemraj and Kalloo Baba @ Dinesh Kumar. The name of applicant came into light in the confessional statement of co-accused Kalloo Baba @ Dinesh Kumar after 16 months of the alleged incident. Except the confessional statement of co-accused there is no other cogent evidence against the applicant. It has been further submitted that recovery of a watch has been shown on the pointing out of the applicant. False recovery has been planted against the applicant. There is no direct evidence against the applicant. The applicant has no concern with the alleged incident. The co-accused Vijay Kumar Nishad having identical role has already been released on bail by another bench of this court vide order dated 28.3.2019 in Criminal Misc. Bail Application No. 12563 of 2019, therefore, the applicant is also entitled for bail on the ground of parity. It has been further submitted that one Chhote Nishad @ Jamwant has also been enlarged on bail by this court vide order dated 2.5.2019. The applicant has no criminal history and is in jail since 10.12.2018.
Per contra; learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid fact that co-accused Vijay Kumar Nishad having identical role has already been released on bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Chhotey Lal Yadav involved in Case Crime No. 291 of 2017, under section 147, 148, 364, 302, 201 IPC, P.S. Sajeti, District Kanpur Nagar 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 not tamper with the evidence.
2. The applicant shall not pressurize/intimidate the prosecution witnesses and he shall cooperate with the trial.
3. The applicant shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 30.5.2019 Gss