Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17279 of 2019 Applicant :- Deepak Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Rakesh Kumar Yadav,Satya Dheer Singh Jadaun Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
Argument on behalf of the applicant has been extended to the effect that in this case, applicant is innocent and has been falsely implicated in this case. The applicant has no role to play in the commission of the offence. He further submits that the F.I.R. was lodged belatedly at 7.50 A.M. on 9.2.2019, whereas the incident was allegedly taken place in the mid- night of 8/9th February, 2019, as per version of the FIR. He adds that no one saw the incident. The dead body was recovered in the morning of 09.02.2019 when the FIR was lodged after deliberation. The FIR is outcome of afterthought. Applicant has no motive to commit the offence. Nothing incriminating has been recovered from the possession of the applicant. In case, the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 10.02.2019 in the present case.
The learned A.G.A. has vehemently opposed the prayer.
Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant- Deepak Yadav- involved in case crime no.25 of 2019, under Section 302 IPC, Police Station Jafrabad, district Jaunpur 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 with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. He will cooperate in the trial bonafidely without seeking adjournments.
3. He shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 26.4.2019 Raj