Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17211 of 2021 Applicant :- Krishna Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Raj Kumar Tripathi Counsel for Opposite Party :- G.A.,Deepak Singh Yadav,Sanjay Yadav
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by accused-applicant, Krishna Yadav, in Case Crime No. 222 of 2020, under Sections- 147, 148, 323, 304, 504 I.P.C. Police Station-Sikrara, District- Jaunpur.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 18.02.2021; he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail. First Information Report was got lodged by Deepak Yadav, against seven accused persons, wherein five accused persons have been granted bail by co-ordinate Benches of this Court; bail orders have been filed from page 81 onward of paper book; bail to Sandeep Kumar, co-accused have also been granted, by co-ordiante Bench of this Court, in Criminal Misc. Bail Application No. 28036 of 2021; applicant is also of same accusation; it was a quarrel in between said to be compromised, subsequently, this occurrence was said to have occurred, wherein, general accusation against all seven accused persons have been levelled; informant side itself was aggressor; both sides have got their cases lodged and injuries are to both sides. Bail has been prayed for.
Learned AGA has vehemently opposed, but could not oppose the above factual aspect of grant of bail to co-accused persons and the applicant is of no criminal antecedents.
Having heard and gone through materials placed on record, considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant, Krishna Yadav, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 16.8.2021 Deepak/