Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41788 of 2018 Applicant :- Mithlesh Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Hirdesh Kumar Yadav,Sushma Yadav Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Vakalatnama filed by Sri Pradeep Kumar, Rai, Advocate on behalf of first informant is taken on record.
Heard learned counsel for the applicant, learned counsel for the first informant, learned A.G.A. and perused the record.
Learned counsel for the applicant contends that the applicant has been falsely implicated for the offence in question; that in the F.I.R. no specific weapon or role has been assigned to the applicant; that in the incident in question Shiv Kumar is alleged to have died due to head injury while Dukkhan, Sugreev and Satya Narayan are alleged to have sustained injuries; that the alleged injuries of three injured persons are simple in nature; that in their statements under Section 161 Cr.P.C. the three injured persons have assigned the role of causing fatal injury to co-accused Lallan and Murali; that the case of applicant is distinguishable from Lallan and Murali; that co-accused Ram Awadh Yadav, Akhilesh Yadav and Bala Yadav with identical role have been granted bail by another Bench of this Court vide orders dated 20.8.2018 & 30.8.2018 passed in Criminal Misc. Bail Application No.31524 of 2018 & 33009 of 2018, copies filed at Annexure Nos.14 & 15 respectively; that the applicant has no criminal history; that the applicant undertakes that he will not misuse the liberty of bail; that the applicant is in custody since 28.5.2018.
Learned A.G.A. opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment, grant of bail to co-accused as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Mithlesh Yadav be released on bail in S.T. No.163 of 2018, Case Crime No.23 of 2018, under Sections 147, 148, 149, 302, 323, 504, 506 I.P.C., P.S. Rewatipur, District Ghazipur, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 31.10.2018 Kpy