Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40150 of 2019 Applicant :- Jagdeesh Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Kumar Yadav Counsel for Opposite Party :- G.A.,Pradeep Kumar Rai
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, Sri Pradeep Kumar Rai, learned counsel for the informant and learned A.G.A. for the State.
Submission is that the applicant along with two accuseds has been assigned general role of causing injury by lathi & danda to the injured, Shivanand. There is only one fracture found on the left parietal bone of the injured. No other grievous injury has been found. It is not clear out of three accuseds who have caused the aforesaid injury. The applicant is in jail since 06.08.2019 and has no criminal history to his credit.
On the other hand learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the Article 21 of the Constitution of India 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, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Jagdeesh Yadav, involved in Case Crime No.72 of 2019, under Sections 308, 323, 504 IPC, Police Station Bhawarkol, District- Ghazipur 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 30.9.2019 SS