Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36632 of 2015 Applicant :- Mahipal Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- P.C. Srivastava,Shamimul Hasnain,Shams Tabrez Alam Ansari Counsel for Opposite Party :- Govt. Advocate
Hon'ble Sudhir Agarwal,J.
1. Heard Sri P. C. Srivastava, learned counsel for applicant and learned A.G.A. for State.
2. The present second bail application has been moved by the accused-applicant for enlarging him on bail in Sessions Trial No.444 of 2013 arising out of Case Crime No.64 of 2012, under Section 302 I.P.C., Police Station-Rajghat, District- Gorakhpur.
3. Learned counsel for applicant submitted that applicant is innocent and he has been falsely implicated. Applicant is not named in the FIR. Applicant has been implicated on the basis of statement given by deceased's wife, who is witness of last seen. There are no chances of applicant of fleeing away from judicial process or tampering with prosecution evidence. He undertakes to appear personally on each and every date and also not seek any unnecessary adjournment during trial. The applicant is in jail since 06.04.2012 and trial is still going on. In case, he is enlarged on bail, he will not misuse liberty of bail.
4. Learned A.G.A. has opposed the prayer for bail.
5. Considering the facts and circumstances of the case, without expressing any opinion on merits of the case, I think it appropriate to release applicant on bail.
6. The application is allowed.
7. Let applicant, Mahipal Yadav, involved in Sessions Trial No.444 of 2013 arising out of Case Crime No.64 of 2012, under Section 302 I.P.C., Police Station-Rajghat, District-Gorakhpur. be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with following conditions:
(i) The applicant will not temper with the evidence during trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appear before Trial Court on the date fixed.
(iv) The applicant shall report to the Police Station concerned in the first week of each month to show his good conduct and behaviour.
8. In case of breach of any of above conditions by applicant, the Court below shall be at liberty to cancel his bail.
Order Date :- 30.4.2019 Manish Himwan