Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28569 of 2018 Applicant :- Guddu Yadav Alias Ashok Singh Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Shailendra Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Guddu Yadav Alias Ashok Singh Yadav with a prayer to release him on bail in Case Crime No. 103 of 2018, under Sections 386, 504, 506 IPC, Police Station Jamaniya, District- Ghazipur, during pendency of trial.
It is argued by the learned counsel for the applicant that the first information report was delayed by one month and seventeen days. The applicant has been falsely implicated in the present case with some ulterior motive. There is criminal history of three cases against the applicant, which has been explained in paragraph No. 14 of the affidavit in support of the bail application. In one case under Sections 302/34, 120-B IPC and 25/27 Arms Act, he has been acquitted. In two other cases under Gangster Act and under Sections 147, 323, 325 IPC, he has been enlarged on bail. The applicant is languishing in jail since 25.6.2018. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of 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 and without expressing any opinion on the merits of the case, let the applicant Guddu Yadav Alias Ashok Singh Yadav involved in the 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 :- 31.7.2018 Ruchi Agrahari