Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52988 of 2019 Applicant :- Kanhaiya Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Pavan Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Sri Kedar Nath Mishra, learned counsel filed Vakalatnama on behalf of complainant, be taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that the FIR of the alleged incident was lodged against 9 named persons including the applicant and 3 unknown. In FIR the role of causing injury to the deceased with Kudal has been assigned to co-accused Vikas Yadav son of Akhilesh Yadav. The allegation against the applicant is that the applicant and co-accused Mithilesh Yadav have committed marpit with the injured Jeetan. It has further been submitted that the applicant has not caused any injury to the deceased. A fracture has been found to the injured Jeetan in his left hand's wrist as the injury of injured is not fatal to his life. It has further been submitted that co-accused Mithilesh Yadav having identical role has already been released on bail by this court vide order dated 27.11.2019 in Criminal Misc. Bail Application No. 49057 of 2019, therefore, the applicant is also entitled for bail on the ground of parity. It has further been submitted that other co-accused Vikas Yadav, Sunil Gond, Devki Yadav and Harish Yadav have also been released on bail by another bench of this court and by this court vide orders dated 7.11.2019, 15.11.2019, 21.11.2019 and 27.11.2019 respectively. It has further been submitted that nothing incriminating has been recovered from the possession of the applicant or on his pointing out. The applicant has no criminal history and is in jail since 15.6.2019.
Per contra; learned counsel for the complainant as well as learned A.G.A. have opposed the prayer for bail and argued that in this incident a young boy aged about 22 years has been murdered. The applicant and other co-accused have committed the alleged offence, therefore, the applicant is not entitled for bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Kanhaiya Yadav involved in Case Crime No. 67 of 2019, under section 147, 148, 149, 304, 308, 323, 325, 352, 395 IPC, P.S. Madanpur, District Deoria be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1. The applicant will not tamper with the evidence.
2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.
3. He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 29.11.2019 Masarrat