Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15234 of 2018 Applicant :- Chhunna Yadav Alias Ram Naresh Opposite Party :- State Of U.P.
Counsel for Applicant :- Satyendra Narayan Singh,Pankaj Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Satyendra Narayan Singh & Sri Pankaj Kumar Mishra, learned counsels for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.368 of 2016, under Section 306 IPC, Police Station Friends Colony, District Etawah, with the prayer to release him on bail.
Submission of learned counsel for the applicant is that the applicant is acquaintance of one Awadhesh Tomer who happens to be brother-in-law of one Swati with whom the deceased Gopal Gupta had fallen in love and had committed suicide as his love was jilted. It is next contended that Awadhesh Tomer has already been allowed bail by coordinate Bench of this Court in Criminal Misc. Bail Application No.4189 of 2018 vide order dated 5.2.2018. It is stated that there is no evidence of abetment even against the applicant which prompted the deceased to commit the suicide. The applicant is in jail since 23.3.2018 deserves to be released on bail.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Chhunna Yadav Alias Ram Naresh, 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 following conditions that :-
(1) The applicant shall not tamper with the prosecution evidence;
(2) The applicant shall not pressurize the prosecution witnesses;
(3) The applicant shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the Courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 25.4.2018 Hasnain