Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15586 of 2018 Applicant :- Jyoti Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Janardan Yadav,Gaurav Kakkar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed by Sri Sher Bahadur Yadav, Advocate, appearing on behalf of complainant is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against unknown persons alleging that on 30.12.2017 Santosh Yadav was killed receiving six incised wound injuries; the case was registered under Section 302 I.P.C; during investigation it was found that there was an illicit relation of the Jyoti Yadav with deceased; the family member of applicant, Ram Kishore, Sarvesh, Manoj, Sanjay and Anand have assaulted the deceased; the role of this accused was extended to only standing at the place of incident; after investigation charge-sheet was submitted against Jyoti, Survesh and Ram Kishore; the name of co-accused Manoj, Sanjay and Anand were found false.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; there is no independent witness against the applicant; the applicant is an unmarried girl; there was love affair between applicant and deceased; there is no eye-witness account against this accused; the applicant is not named in the F.I.R; after five days of the incident the statements of Ramawati Devi and Jitendra were recorded by the Police in which they stated that all six accused persons have killed the deceased; this statement is afterthought and with due legal consultation; the case is totally based on circumstantial evidence and no chain has been established; it is not specifically stated that who is the author of injuries caused on the body of the deceased; in case she is released on bail, she will not misuse the liberty of bail and will cooperate in the trial; she is languishing in jail since 31.12.2017 (near about four months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused.
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 Jyoti Yadav involved in the Case Crime No. 451 of 2017, under Sections 302/34, 120B I.P.C., P.S. Ahiraula, District Azamgarh be released on bail on her executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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 court below shall be at liberty to cancel the bail.
Order Date :- 26.4.2018 A. Tripathi