Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12841 of 2018 Applicant :- Dharmendra Singh Yadav Alias Dharmendra Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Mirza Faheem Beg,Subhash Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Counter affidavit filed today is taken on record.
Heard Sri Mirza Faheem Beg, Sri Subhash Singh Yadav, learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 660 of 2017, u/s 302, 120-B IPC, P.S. Mohammadabad, District Ghazipur with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that he is not named in the F.I.R.; after three months of the incident, which had taken place at dead hours of the night, some witnesses were introduced by the prosecution including the son of the deceased Manoj, who has stated that after hearing sound of firing when he reached at the place of incident he saw the applicant and co-accused Rajaram Yadav fleeing away from the place of incident. Learned counsel states that co-accused Rajaram Yadav has been granted bail by another Bench of this Court in Bail Application no. 6733 of 2018, therefore, the applicant may be enlarged on bail.
Learned A.G.A. has opposed the prayer for bail and submitted that a country made pistol was recovered from the possession of the applicant. However he could not dispute that the same could not be connected with the present crime.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Dharmendra Singh Yadav Alias Dharmendra Yadav involved in the aforesaid case crime number be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 31.10.2018 Dhirendra/