Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32110 of 2018 Applicant :- Lalu Yadav And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Kesh,Saroj Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicants and Sri Ravi Singh Parihar, learned A.G.A. appearing for the State.
Learned counsel for the applicants in support of his prayer for bail submits that the applicants are innocent and they have been falsely implicated in the present case due to political reason. It is further submitted that applicants have no any concern with the alleged incident. It is also submitted that according to prosecution case the place of occurrence is public place but none of the public person supported the prosecution case. It is also submitted that as per first information report co-accused Ajay Yadav having similar role has already been granted bail by the court below vide order dated 04.08.2018, a copy of said order has been annexed as Annexure No. 6 to the affidavit filed in support of bail application. Several other submissions in order to demonstrate the falsity of the allegations made against the applicants have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicants are languishing in jail since 27.07.2018. The applicants have no other reported criminal antecedent.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, the applicants are entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicants Lalu Yadav and Suraj Yadav involved in Case Crime No. 76 of 2018, under Sections 354A, 504, 506 I.P.C. and 7/8 POCSO Act, Police Station Khanpur, District Ghazipur be released on bail on their 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 applicants will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. They will not tamper with the witnesses.
3. They will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 23.8.2018 Arti