Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19833 of 2019 Applicant :- Durvijay Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Vijay Kumar Dubey,Dr. C.P. Upadhyay Counsel for Opposite Party :- G.A.,Prakash Chandra Srivastava,Ravindra Prakash Srivastava
Hon'ble Mrs. Manju Rani Chauhan,J.
Counter affidavit filed today is taken on record.
Heard Sri Dr. C.P. Upadhyay, Sri Vijay Kumar Dubey and Sri Ravi Prakash Srivastava, learned counsel for the applicant, Sri Prakash Chandra Srivastava, learned counsel for the informant, Sri Prashant Kumar, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant – Durvijay Yadav with a prayer to enlarge him on bail in Case Crime No.448 of 2018, under Sections 308, 323, 325, 504, 506 I.P.C., Police Station Dhanghata, District Sant Kabir Nagar.
It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is next argued that as per allegation in the FIR on 28.07.2018 at about 7 p.m. when the informant was coming to his house from market and had reached near pulia, the applicant along with co-accused Nandeshwar Yadav, who weres sitting there waiting for the informant, came out and with intention to kill started abusing the informant after which they hit him by lathi, danda and saria due to which he has sustained injuries. On hearing the voice of the informant one Kapish Rai, resident of the same village, came and tried to intervene between them on which the accused persons hit him also by lathi, danda and saria due to which he has also sustained injuries on his body. As per the injury reports of Kapish Rai and the informant, Kapish Rai has sustained injures on his hip and the informant has sustained injures on his head. The said injuries are not grievous in nature. It is next contended that applicant has no criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail and the applicant is languishing in jail since 29.04.2019. Accordingly, he requests for bail.
Learned counsel for the informant as well as learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant 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 :- 25.7.2019 Anand Sri./-