Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55927 of 2019 Applicant :- Kanhaiya Yadav And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Narendra Nath Tripathi Counsel for Opposite Party :- G.A
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Narendra Nath Tripathi, learned counsel for the applicants; Shri Sunil Kumar, learned counsel for the informant upon appearance filed today as well as Sri C.P. Singh, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicants - Kanhaiya Yadav and Arvind Yadav with a prayer to release them on bail in Case Crime No. 209 of 2019, under Sections 147, 307, 436, 427, 506 IPC, Police Station - Vishunpura, District - Kushinagar, during pendency of trial.
3. At the outset, learned counsel for the applicants states that in exact similar allegations, co-accused Chain Yadav has already been enlarged on bail by this Court in Criminal Misc. Bail Application No. 52640 of 2019 vide order dated 28.11.2019. For the reasons contained in that order, the present applicants are also entitled for bail. In any case, it has been submitted that this is a no injury case and the FIR allegations are plainly false.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicants involved in the aforesaid crime be released on bail, on their furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(i) The applicants shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicants shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 16.12.2019 AHA