Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19195 of 2018 Applicant :- Ganika Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Anand Priya Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard 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. 189 of 2017, u/s 272, 273, 284, 304, 328 IPC, P.S. Jeyanpur, District Azamgarh with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that according to prosecution, co-accused Ramnayan Gond took son of the informant namely Vinod Sharma to his house where co-accused Subash @ Pintoo, Surendra @ Mulayam Yadav and the applicant were already present and it is alleged that all these persons made the deceased drink country made liquor on account of which son of the informant died. Learned counsel states that co-accused Subash Yadav, who is also named in the F.I.R. has been granted bail in Bail Application no. 18255 of 2018; bail granting order is taken on record. Learned counsel further pointed out that after his arrest in the present case the police has nominated him in several un- worked cases of similar nature and in all cases he has been granted bail; copies of the bail granting orders are taken on record.
Learned A.G.A. has opposed the prayer for bail. However he could not point out anything material to the contrary.
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 Ganika 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/