Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18090 of 2020 Applicant :- Deepak Yadav @ D.P.
Opposite Party :- State of U.P.
Counsel for Applicant :- Siya Ram Yadav,Mohit Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Deepak Yadav @ D.P., in Case Crime No. 584 of 2019, under Sections 302, 307, 323, 329, 504, 506, 34 IPC, Police Station-Bisarakh, District-Gautam Budh Nagar.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 22.07.2019; he is of criminal antecedent, which has been duly explained by him; he is neither convicted nor is concerned with present occurrence; FIR was delayed for about 15 hours; Sri Hari informant as PW-1, injured Ramesh as PW-2 and Manoj as PW- 3, in their testimony recorded before trial court, have not supported case of prosecution; they have specifically said that these three accused persons tried for above offence, were not persons, who have committed this occurrence on the spot; neither informant nor injured was aware to the applicant since before nor was their parentage; this is false implication owing to hearsay evidence of three persons, who apprised about their name and parentage and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail. Hence, bail has been prayed for.
Learned AGA has vehemently opposed with this contention that criminal antecedent of the applicant is there, but could not dispute that informant injured and other witnesses Manoj in their testimony have denied case of prosecution; they have been declared hostile and in their cross examination they have not supported identity of the applicant.
Having heard and gone through materials placed on record, considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant, Deepak Yadav @ D.P., involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 17.12.2021 Dhirendra/