Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51730 of 2019 Applicant :- Harish Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Akash Deep Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Sri Kedar Nath Mishra, learned counsel filed Vakalatnama on behalf of complainant, be taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that the FIR of the alleged incident was lodged against 9 named and 3 unknown person. The applicant is not named in the FIR. The name of applicant came into light in the statement of informant Rajnath Yadav. There is no allegation against the applicant for committing marpit with the deceased or injured person. The applicant had neither caused any injury to the deceased nor any injured person. He has falsely been implicated in the present case. Nothing incriminating has been recovered from the possession of the applicant or on his pointing out. The applicant has no criminal history and is in jail since 25.9.2019.
Per contra; learned counsel for the complainant as well as learned A.G.A. have opposed the prayer for bail and argued that the name of applicant came into light during investigation. The applicant and other co-accused have committed the alleged offence, therefore, the applicant is not entitled for bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Harish Yadav involved in Case Crime No. 0067 of 2019, under section 147, 148, 149, 304, 308, 323, 325, 352, 395 IPC, P.S. Madanpur, District Deoria be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1. The applicant will not tamper with the evidence.
2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.
3. He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 27.11.2019 Masarrat