Court No. - 37
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20119 of 2017 Applicant :- Joloo Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Pradeep Chauhan,Raj Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. There is general allegation against the applicant. Offences levelled against the applicant are not attracted in the present matter. There is no any direct evidence to connect the applicant with the present case. The co-accused namely Anuj Kumar having identical role has already been granted bail by another Bench of this Court vide order dated 03.01.2017 in Criminal Misc. Bail Application No.45269 of 2016, therefore, the applicant is also entitled for bail on the ground of parity. The criminal history of the applicant has been explained in paras 12 and 13 of affidavit filed in support of bail application. The applicant is languishing in jail since 10.08.2016 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the fact that co-accused having identical role has already been released on bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Joloo Yadav involved in Case Crime No.322 of 2016, under Section 394, 411 IPC, Police Station Vidhoona, District Auraiya be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission, of which he is 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the court below be at liberty to cancel the bail without any reference to this Court.
Order Date :- 27.4.2018 Jitendra