Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49039 of 2021 Applicant :- Dileep Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Ram Kesh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Dileep Yadav in Case Crime No.168 of 2021, under Sections 307, 323 and 34 I.P.C., Police Station-Khanpur, District- Ghazipur with the prayer to enlarge him on bail.
Submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. It is contended that in his statement injured witness has asserted that co-accused Avinash has assaulted him by knife in his stomach. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 11.09.2021, deserves to be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant-Dileep Yadav be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence, shall cooperate in the investigation or trial and will not indulge in any criminal activity or commission of any crime after being released on bail.
2. In case of breach of any of the 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.
However, it is made clear that co-accused, Avinash cannot claim parity with this order.
Order Date :- 21.12.2021 MN/-