Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8333 of 2019 Applicant :- Dev Kumar Yadav And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Rakesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicants, learned AGA for the State and perused the record.
This bail application has been filed by the applicants Dev Kumar Yadav and Ram Lal seeking bail in Case Crime No. 54 of 2018, under Sections 147, 148, 332, 353, 336, 504, 506, 34, 427, 307 IPC and 7 Criminal Law Amendment Act P.S.Bahilpurwa, District Chitrakoot.
Learned counsel for the applicants has submitted that the applicants are wholly innocent and have been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicants has next submitted that F.I.R. has been lodged against seven known persons and 25-30 unknown persons who are said to have resorted to firing and pelting of stones and also assaulted the victim by wielding lathi and kulhari due to which five police personnels have suffered injuries. Learned counsel for the applicants has next submitted that the applicants are not named in the F.I.R. and their names surfaced for the first time in the statement of witness Safiq Ahmad after one month of the incident and no specific role has been assigned to them.
It is lastly submitted that the applicants have no other criminal history to their credit and the applicants are in jail since 23.1.2019 and in case the applicants are released on bail they will not misuse the liberty of bail and will cooperate in trial..
Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicants.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicants have made out a case for bail.
Let the applicants Dev Kumar Yadav and Ram Lal be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicants shall not indulge in any criminal activity.
(ii) The applicants shall not tamper with the prosecution evidence.
(iii) The applicants shall not pressurize the prosecution witnesses.
(iv) The applicants shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 26.2.2019 R