Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14707 of 2018 Applicant :- Ganika Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Deena Nath Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Deena Nath, learned counsel for the applicant and Sri Prashant Kumar, learned A.G.A. for the State.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 184 of 2017 under Sections 272, 273, 284, 120-B I.P.C. and 60 U.P. Excise Act, P.S. Jeeyanpur, District Azamgarh.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case; learned counsel for the applicant stated that accused is not named in the F.I.R. and his name has emerged during the course of investigation on the basis of statement made by co-accused who was named in the F.I.R.; both the co-accused have been granted bail by Coordinate Bench of this Court in Criminal Misc. Bail Application No. 43780 of 2017 vide order dated 8.01.2018 and the copy of the same is taken on record. He has a criminal history of 14 cases and in almost these cases, he has been granted bail and all these cases have been slapped against him on the same day; the accused applicant is in jail since 11.08.2017; if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail but has not controverted the aforesaid facts.
Looking to the quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Ganika Yadav involved in aforesaid crime 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 that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above 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.
Order Date :- 24.8.2018 A. Mandhani