Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41416 of 2018 Applicant :- Jogi Alias Yogender Chauhan Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Jogi Alias Yogender Chauhan seeking bail in Case Crime No. 54 of 2018, under Sections 393, 307 I.P.C., P.S. Dhanghata, District Sant Kabir Nagar.
Learned counsel for the applicant has submitted that the applicant has been named in the FIR on 26.02.2018 along with on Siya Ram Yadav who are shown to have been arrested by the police and a sum of Rs. 24500/- is shown to have been recovered from the possession of the applicant and a sum of Rs. 22500/- is shown to have been recovered from the possession of the co-accused Siyaram Yadav. Learned counsel for the applicant has next submitted that co-accused Siyaram Yadav has already been granted bail by this Court in Criminal Misc. Bail Application No. 38292 of 2018 vide order dated 05.10.2018. He next submits that the criminal history of the applicant has been explained in paras 11 to 18 of the affidavit.
He has further submitted that the applicant is in jail since 26.02.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the fact that co-accused Siyaram Yadav has already granted bail and that the applicant is in jail since 26.02.2018.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Jogi Alias Yogender Chauhan be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 30.10.2018 Arun Gangwar