Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6634 of 2018 Applicant :- Jagannath Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Rakesh Dubey Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and learned A. G. A. appearing for the State.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated due to ulterior motive and he has committed no offence. It is submitted that the applicant is not named in the FIR and his arrest was made on the confessional statement of co-accused. The contention of the applicant's counsel is that except one Intex mobile nothing else has been recovered from the possession of the applicant. Several other submissions in order to demonstrate the falsity of the allegations made against the applicants have also been placed forth before the Court. The circumstances which according to the counsel led to the false implication of accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the Court whenever required. It has also been submitted that the applicant is rotting in judicial custody since 30.12.2017. The applicant has no other reported criminal history. On the basis of above submissions, learned counsel prayed that the applicant may be granted bail.
Learned A. G. A. opposed the prayer for bail and has conceded that one Intex mobile was recovered from the possession of the applicant.
Considering the nature of accusation and severity of punishment in case of conviction, the nature of supporting evidence, reasonable apprehension of tampering of the witness and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Jagannath Yadav involved in Case Crime No.606 of 2017, under Sections 380 and 411 IPC, P. S. Chauri Chaura, District-Gorakhpur 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 :-
(i) The applicant will continue to attend and cooperate in the trial pending before the Court concerned on the date fixed after release.
(ii) The applicant will not tamper with the witnesses.
(iii) The applicant will not indulge into any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the Court below shall be at liberty to cancel the bail.
Order Date :- 28.2.2018
Manish Himwan