Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28174 of 2018 Applicant :- Madan Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Chanchal Kumar,Anil Kumar Mishra Counsel for Opposite Party :- G.A.,Ganesh Shanker Srivastava,Rajeev Kumar
Hon'ble Vivek Kumar Singh,J.
Counter affidavit filed by the learned A.G.A. filed today in the Court is taken on record.
Rejoinder affidavit filed by the learned counsel for the applicant today in the Court is also taken on record.
Heard learned counsel for the applicant and Sri Ganesh Shanker Srivastava and Sri Rajeev Kumar, learned counsel for the complainant and Sri Shashi Shekhar Tiwari, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that the informant of the case is a notorious person of the village concern and he use to take money from the villagers on the ground of providing job and in this context he has also taken Rs.35,000/- for which an application has been given by the co-accused Vijay Shankar Tiwari in the concern police station and as a counter blast present proceedings has been initiated by the first informant against the applicant only to put pressure. It is further submitted that as many as three persons were named in the first information report and all of them were said to have assaulted the injured and no specific role has been assigned to the applicant. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant 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 applicant is languishing in jail since 19.6.2018. It has been pointed out that the applicant has no criminal history.
Learned counsel for the complainant as well as 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 applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Madan Yadav involved in Case Crime No.10 of 2018 under Sections 308, 323, 504, 325 I.P.C., Police Station Nagsar Halt, District Ghazipur 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 continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He 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 trial court will be at liberty to cancel the bail.
The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of six months from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 24.8.2018 Dev/-