Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18615 of 2018 Applicant :- Lavkush @ Lakkho @ Yogesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Kamlesh Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Kamlesh Kumar Dwivedi, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Lavkush @ Lakkho @ Yogesh in Case Crime No. 08 of 2018, under Sections 302, 120-B I.P.C., Police Station- Dauki, District- Agra with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. As per the prosecution case, the main accused Murari, lover of accused Shyamwati, had decided to eliminate the deceased Ravi, S/o Shyamwati. The applicant is not named in the first information report. The name of the applicant surfaced in the confessional statement of co-accused Shyamwati that the applicant along with co-accused Deepak @ Deepu, Buddharam @ Rameshwar and Tinku had murdered the deceased. It is further submitted that on the pointing out of the applicant from bushes a safi of the deceased was recovered and a bloodstained brick was recovered at the pointing out of co-accused Buddharam @ Rameshwar. Lastly, it is submitted that co-accused Deepak, Buddharam @ Rameshwar and Tinku have been enlarged on bail by coordinate Benches of this Court vide orders dated 25.06.2018, 25.10.2018 & 10.09.2018 in Criminal Misc. Bail Application Nos. 23184, 40308 & 34143 of 2018, respectively. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 19.01.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Lavkush @ Lakkho @ Yogesh be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 27.10.2018/ Vikas