Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16195 of 2019 Applicant :- Dharmendra Yadav @ Bhukudi Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashok Kumar Giri,Arvind Prabodh Dubey Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Dharmendra Yadav @ Bhukudi has prayed to release him on bail in Case Crime No. 880 of 2018, u/s 406 I.P.C., P.S. Khorabar, District Gorakhpur.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number. He was driver and was of no concern with alleged payment of Rs. 4,46,420/- nor any embezzlement was made by him nor there was any criminal breach of trust. The F.I.R. was lodged against owner and driver of the vehicle, but the charge sheet has been filed only against the applicant, who was driver of the vehicle and the owner of the vehicle has been left. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Hence bail has been prayed for during trial.
Learned AGA has vehemently opposed the bail application..
Accused-applicant is of no criminal antecedent. He was driver of the vehicle concerned. His counsel has admitted that he took the above vehicle and delivered the goods loaded over it to the concerned consignee, but no payment was there. It is the case of the informant that payment was made to the applicant. Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, at this juncture this court is of the view that the applicant may be enlarged on bail subject to his filing of valuable surety in the tune of Rs. Five lacs to be recovered in case of adjudication in favour of the informant with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Dharmendra Yadav @ Bhukudi, involved in above mentioned case crime number be released on bail subject to his filing of valuable surety in the tune of Rs. Five lacs to be recovered in case of adjudication in favour of the informant and 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 :- 26.4.2019 Pcl