Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32666 of 2021 Applicant :- Lochan Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- R.C.Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in case crime No. 157/2020, S.T. No. 598/2020, under Sections 147, 323, 504, 304, 34 IPC, police station Pataherwa, District Kushi Nagar with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused-applicant is innocent and he has been falsely implicated in this case. It was submitted that FIR was lodged against six accused persons including applicant attributing general role that they have assaulted the deceased with lathis, danda and bricks and that no specific role was attributed to the applicant. It was submitted that deceased has sustained four injuries, but it is not clear that who is the assailant of lethal injury caused to the deceased. It was further submitted that no recovery of any weapon or incriminating article has been made from applicant or at his instance. It was also submitted that in alleged incident both sides have sustained injuries and that co- accused Chinta Yadav has sustained as many as four injuries. It was further submitted that similarly placed co-accused Chinta Yadav and Mohan Yadav have already been enlarged on bail by coordinate Bench of this Court, copies of which have been produced and the same are taken on record. It has further been argued that the applicant is in judicial custody since 14.05.2020, having no criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
The prayer for bail has been vehemently opposed by learned A.G.A. However, he does not dispute the fact that the similarly placed co-accused have been granted bail by coordinate Bench of this Court.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Lochan Yadav involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the trial court shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 17.9.2021 Anand